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Guidance to Yale Principal Investigators on Reviewing MTAs

NOTE: Yale University policy requires that only faculty with the rank of Associate Research Scientist or higher may receive materials via an MTA. If you are not at this rank, please consult your faculty advisor and have him/her request the MTA.

The MTA is a legally binding agreement between Yale and the Provider that allows you to use the materials only under certain conditions. If Yale signs the MTA, you and your lab are obligated to abide by the terms stated in the MTA. Failure to follow the terms can result in liability to Yale and can restrict your research and publications.

Before we sign the MTA, we will ask you to review it and provide your input. You should review the MTA for the following typical terms (or their variants) to make sure they work for you and that you can comply:

  1. Maintaining the confidentiality of the material and any provided information. Make sure the confidentiality requirements won't restrict your ability to publish, or that of any students working with the materials. Note that confidential information generally cannot be shared with nonresident foreign nationals. (For more information, we are developing a Guide to Reviewing Confidentiality Clauses and will post a link here when it is available.)
  2. Restrictions on sharing the material outside of your laboratory, even with others at Yale;
  3. Providing a copy of any manuscript, abstract, oral presentation, or other public disclosure to the Provider, usually thirty (30) days prior to any public disclosure;
  4. Providing research reports to the Provider;
  5. Using the material only for the described research project;
  6. Acknowledging the Provider and Provider scientist as requested and as scientifically appropriate;
  7. Reporting any discoveries or inventions to Yale's Office of Cooperative Research;
  8. Abiding by the allowed length of time for use of the material, if the MTA has an expiration date;
  9. Either destroying or returning any unused materials after your research is complete or when the MTA expires;

Note: You do not own the materials; they are owned either by the Provider, or by Yale. If you or a member of your laboratory group leave Yale, you may not take the materials with you without explicit written permission.

Finally, note that approval of the MTA is only the first step. You will still need to make sure you comply with any other requirements, such as regulations about shipping and receiving hazardous, toxic, or sensitive materials. The Office of Environmental Health & Safety (OEHS) can assist in this regard.

If you have any questions about these or other obligations at any time, please contact the MTA Team.

Revised 8/18/2008

 

Last update: November 13, 2008 (MS)