19 Dec 2020


As a general rule, each party can terminate the research contract provided that one of the parties finds that the research project is no longer academically, technically or commercially feasible. However, the university cannot suffer financial losses due to termination. If the contract is terminated, the promoter is expected to reimburse the university for all project costs incurred up to the termination date, as well as for all non-resilient project support obligations. If you wish to transfer or receive physical research material or raw data sets (but no copyrighted databases) to another researcher or company, whether it is a non-profit or a commercial contract, prior agreement is required. The goal is to avoid any misunderstanding about who has what rights, what to do/do with the material, to correct responsibility for errors or problems that may arise and to ensure that you can publish under academic freedom. The most common way to do this is through a hardware transfer agreement (MTA) or a data transfer contract (DTA). The University of California has identified eight fundamental principles that will be addressed in agreements reached by the university with outside parties. Rights and obligations for future research results must be based on these principles. An IP that must initiate an MTA must send an application form (DOC) completed by e-mail to MTA@ucdavis.edu at least 60 days before the equipment is needed, as many MTAs must be negotiated. Nevertheless, the majority of MTAs are written, negotiated and/or executed within 60 days. In addition, UC is a signatory to the Uniform Biological Material Transfer Agreement (UBMTA), which allows UC Davis to transfer materials with many other universities and non-profit organizations using a standard matching agreement. If the recipient of the limited data set is a registered unit that violates the data usage agreement, this is considered a violation of the data protection rule. When the entity concerned, which transmits the limited data to a recipient, gives patterns of infringement or violation of the agreement, the entity concerned must take steps to correct the inappropriate activity.

If the actions taken by the seized unit fail, the affected entity must stop disclosing the PHI to the recipient and notify HHS. In order to use or disclose a patient`s Protected Health Information (PHI) for research purposes, a covered company (UCD Health) is generally required to obtain written authorization or waiver of approval from the Institutional Review Board (IRB) or UCD Health Privacy Board, which meets regulatory requirements [45 CFR 164.512(i]).

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