Legal Department
Agreements
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What is Non-Disclosure Agreement?
A Non-Disclosure Agreement (NDA), which is sometimes also referred to as a “Confidentiality Agreement”, is a written agreement between two or more parties. The NDA stipulates which information is confidential, for what purpose the information is disclosed and what the receiving party is permitted to do. The NDA prohibits the sharing of specific information that has been disclosed, without proper authorization. There are two types of NDA: 1. Unilateral (one-side NDA) – is used when only one party is presenting confidential information to another party. 2. Mutual – used typically when both parties need to share confidential information.
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When should I ask another party to sign a Non-Disclosure Agreement? What should I do?
In situation in which you wish to reveal information about your technology, knowhow, data or developments, but still you want to ensure that the information you share with another party is kept secure and confidential, and the other party will not use the confidential information without your approval, you should contact our office, and we will provide you our Non-Disclosure Agreement template.
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What is Material Transfer Agreement?
Material Transfer Agreement is a legally binding contract which used to document the transfer of material between the owner or their authorised licensee (usually referred to as “the provider”) to a third party (usually referred to as “the recipient”) who may wish to use the material. Material Transfer Agreement defines the rights and obligations of the provider and the recipient with respect to the materials and any derivatives.
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Who can sign an agreement or any legal document on behalf of the Technion R&D Foundation?
In event you are requested to provide a sign agreement or any legal document on behalf of the Technion R&D Foundation, please contact our office, we will review the document and handle the signatures according to our Authorized Signatory Policy. Please note that any legal document signed by a person who is not authorized to do so under our Authorized Signatory Policy, will not be binding on Technion R&D Foundation.
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There is a company interested in sponsoring my research, what I should do?
In event a company is interested in sponsoring a research, please contact our office, and we will provide you our sponsored research agreement template. A sponsored research agreement is a contract between TRDF and the sponsor for the purposes of funding and conducting research at TRDF.
Intellectual property
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What is intellectual property?
Intellectual property (IP) (as defined in article 2 of the Convention establishing the World Intellectual Property Organisation, Signed at Stockholm on July 14, 1967), shall include the rights relating to: – literary, artistic and scientific works, – performances of performing artists, phonograms, and broadcasts, – inventions in all fields of human endeavor, – scientific discoveries, – industrial designs, – trademarks, service marks, and commercial names and designations, – protection against unfair competition, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields. In the TRDF context IP can be viewed as the results and outcomes of research, and or any ideas, information and knowledge.
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Who owns the intellectual property that I develop at Technion?
According to our Technion IP bylaws (Link ►), any intellectual property rights arising out of a research project performed by a Technion research team are owned exclusively by the Technion. In the case that both parties have contributed to the generation of the intellectual property (i.e., inventorship contribution), the rights are jointly owned. The industry is granted the first option to receive an exclusive right to use the intellectual property (both the Technion’s and the jointly-owned rights) for its own use, under commercial terms to be further negotiated with the Technion. Such commercial terms shall include the relevant consideration that the Technion will be paid for using the IP (usually royalties), relevant field of use/application, agreements regarding IP protection expenses, etc.
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I think I have a brilliant idea. I would like to file a patent for that. What I should do?
The first step on the critical path to the commercialization of your invention is to ensure your discovery is properly protected. If you are a Technion Researcher and/or Technion Employee and would like to submit an invention disclosure, this is where you begin. (Link ►)
Ethics
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My research involves human subjects, does my research need an ethics approval? How do I deal with this issue?
Research projects involving human subjects require review and approval by an Institutional Review Board who protect the rights of human participants involved in research. In case your research involves human subjects, you should contact the Committee for Ethics in Human Clinical Experimentation (Link ►) The Behavioral Sciences Research Ethics Committee members will instruct you, and afterwards will provides you with an official certificate of Ethics Approval. Please note that such certificate (with approval number) is required today by most journal publishers and it is mandatory for many research grants. Only Technion faculty can submit a request for Ethics Approval. The Principal Investigator takes responsibility for supervising the research team accordingly. The Behavioral Sciences Research Ethics Committee reviews research proposals involving human subjects, using questionnaires, interviews, observations, and documents for data collection and analysis. Other studies should be submitted to the Committee for Ethics in Human Clinical Experimentation. You should choose to consult the IRB when you are uncertain whether your study is human subjects research or not. No research activities involving human subjects may commence until the relevant committee has reviewed and approved the protocol and issued a written notice of approval.
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My research involves physical interventions on the study participants, does my research need an ethics approval? How do I deal with this issue?
Research projects involving physical interventions on the study participants, require review and approval by an Institutional Review Board who protect the rights of human participants involved in research. In case your research involves physical interventions on the study participants, you should contact the Committee for Ethics in Human Clinical Experimentation (Link ►). The Committee is charged with the responsibility of reviewing and overseeing human subjects research. No research activities involving human subjects may commence until the relevant committee has reviewed and approved the protocol and issued a written notice of approval.
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My research involves animals, does my research need an ethics approval? How do I deal with this issue?
Research projects involving animals, require review and approval by the Inspection Committee on the Constitution of the Animal Experimentation. The Committee ensure the health, well-being and human use of animals used in research. In case your research involves animals, you should contact the Inspection Committee on the Constitution of the Animal Experimentation (Link ►).
General
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Will the Office of Legal Affairs represent or advise me on a personal matter?
No. The Office of Legal Affairs cannot advise students or employees on any personal legal matters or any matters that would conflict with the Office’s obligation to UNC Charlotte. The Office of Legal Affairs provides services on legal matters involving or affecting the institution to the Board of Trustees, the Chancellor, the other senior administrators of the University, and through them, to the University’s faculty and staff.
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Does the Legal department provide personal legal advice to students, faculty members and staff?
The Legal department role is to provide legal services to TRDF, and therefore the legal department does not provide legal advice or representation to individual students, faculty members or staff for personal matters. Disclaimer This website is for general informational purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances. Transmission and receipt of information contained on this website does not establish an attorney-client relationship. Please contact the legal department regarding any specific legal questions