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27    INNO V AT O RS GUIDE  |  M ASS GENERAL BRIGH AM

              3
                                               Enabling

            3                                  collaboration















            Material Transfer Agreements continued                                Confidentiality Agreements
            MTA Review by IRB. The external transfer of any human tissue – i.e.,   Maintaining confidentiality is key to protecting intellectual property rights
            clinical specimens, research specimens, and/or patient data – always   and business opportunity. Confidentiality Agreements are ubiquitous
            requires Institutional Review Board (IRB) review, but not necessarily an   in the life sciences business sector. Among the areas they are needed
            MTA. As a matter of course, the transfer of human tissue to an external   for are meetings and other exchanges involving potential pre-clinical
            academic institution or academic collaborator will not require an MTA if:  research collaborations, discussions about inventions/intellectual property,
                                                                                  and meetings that have multiple topics that could reveal undisclosed
            (1) there is no compensation other than the costs of preparing and    information, research outcomes, etc.
                  shipping the material;
            (2) the specimens or data were not collected in a protocol or study funded
                  by a company;
            (3) the recipient does not plan to use the human tissue in industry-
                  supported research; and
            (4) the human tissue has not been previously transferred to a
                  for-profit company.

            Under these circumstances, a letter prepared by IRB is sufficient. If the
            answer to any of the above questions is yes, an MTA may be necessary.
            For transfers that do not meet the criteria for use of the investigator
            template, please submit a Request for a Material Transfer Agreement, via
            Insight as described above.
            For further guidance, please refer to the IRB website at: https://www.
            massgeneralbrigham.org/researcher-support-and-resources/resources-
            collaborators-and-sponsors




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