Types of Contracts
- Narrowly define the scope, nature and expected outcome(s) of the research;
- Indirect costs of Contract Research Policy applies (see: policy on Indirect Costs of Contract Research);
- set the time period(s) for the activity;
- define the deliverables and when components are to be completed;
- establish ownership of intellectual property, patent rights and licensing arrangements;
- include provisions for treatment of confidential information that is supplied and/or created;
- may require publication pre-review or delays for publications;
- establish firm, detailed budgets and payment schedules;
- establish considerations for acceptance and/or termination of the work;
- limit liability of participant.
Clinical Trial Agreements
- Normally have research involving human subjects (thus require Research Ethics Board approval);
- are subject to dual review and sign-off by Memorial University and Eastern Health;
- typically include features that are the same as those found in a research contract;
- can be sponsor or investigator initiated; indirect costs apply at the rate of 30% on total project costs (see: policy on Indirect Costs of Contract Research).
Collaborative Research Agreement
- Work is collaborative in nature;
- Memorial and partner roles outlined in the agreement;
- intellectual property may be shared between Memorial and partner.
- Sponsor contributing to work either financially or through in-kind support;
- Memorial typically retains ownership in intellectual property but may be shared depending on sponsor contributions.
Confidential Disclosure Agreement or Non-Disclosure Agreement
- Agreement to protect the confidential information shared between parties for a certain purpose;
- can be either a mutual agreement (meaning both parties will be supplying confidential information to the other) or the agreement may be unilateral.
Data Transfer/Sharing Agreements
- Contract to permit the transfer of data from one party to another;
- data is typically non-public or subject to some restrictions with respect to its use;
- contract terms protect confidentiality when necessary but normally also permit publication and sharing of research results.
Material Transfer Agreements
- Contract to permit the transfer of materials from one party to another;
- MTA defines the rights of the provider and the recipient with respect to the materials and any derivatives;
- the terms of the MTA normally allow full dissemination of research results.
- Contractual agreement for services to be performed by a subcontractor;
- subcontract will typically bind the subcontractor to the prime funding agreement.
- Contractual agreement designed to make a modification to the terms of a contract;
- typical reasons for a contract amendment are: change required in the scope of work and/or budget;
- change required in the timeframe for the conduct of the work;
- the parts of the contract not affected by the amendment remain in force.