Clinical Research Agreement Template for United States

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Key Requirements PROMPT example:

Clinical Research Agreement

"Need a Clinical Research Agreement for a Phase II trial of a new cancer drug between our pharmaceutical company and Stanford Medical Center, with specific provisions for handling biological samples and a budget of $2.5M, starting March 2025."

Document background
The Clinical Research Agreement serves as the foundational document for clinical trials and research studies in the United States healthcare and pharmaceutical sectors. It establishes the framework for conducting research that complies with FDA regulations, protects human subjects, and maintains data integrity. This agreement type is essential when organizations collaborate to conduct clinical trials, defining responsibilities, intellectual property rights, confidentiality obligations, and financial terms. It must align with federal and state regulations, including GCP guidelines and IRB requirements.
Suggested Sections

1. Parties: Identification of all parties involved in the research agreement, including sponsor, research institution, and principal investigator

2. Background: Context of the research, purpose of the agreement, and relationship between parties

3. Definitions: Key terms used throughout the agreement including technical, regulatory, and legal terminology

4. Scope of Work: Detailed description of the clinical research to be conducted, including study objectives and timelines

5. Compliance with Laws and Regulations: Obligations to comply with FDA regulations, IRB requirements, GCP, and applicable laws

6. Payment Terms: Financial arrangements, payment schedule, and budget provisions

7. Confidentiality: Protection of proprietary information, research data, and participant privacy under HIPAA

8. Intellectual Property: Ownership and rights to research outcomes, innovations, and study data

9. Term and Termination: Duration of agreement and conditions for early termination

10. Indemnification and Insurance: Risk allocation, liability provisions, and insurance requirements

Optional Sections

1. Publication Rights: Terms for publishing research results and academic presentations, typically included when academic institutions are involved

2. Equipment and Materials: Provisions for research materials, equipment, and study drug handling

3. International Considerations: Cross-border compliance requirements and export control provisions

4. Subject Injury Provisions: Specific provisions for handling and compensating research-related injuries

Suggested Schedules

1. Schedule A - Protocol: Detailed research methodology, procedures, and study design

2. Schedule B - Budget and Payment Schedule: Detailed breakdown of costs, payment terms, and timeline

3. Schedule C - Informed Consent Template: Template for participant consent forms and process

4. Schedule D - Data Management Plan: Procedures for handling, storing, and protecting research data

5. Schedule E - Quality Assurance Requirements: Standards and procedures for maintaining research quality and compliance

6. Schedule F - Monitoring and Reporting Requirements: Protocol for study monitoring, adverse event reporting, and regulatory submissions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Industries

Federal Food, Drug, and Cosmetic Act (FDCA): Primary federal law governing food and drug safety in the US, including clinical trials and research

21 CFR Part 50: Federal regulations concerning protection of human subjects in clinical trials, including informed consent requirements

21 CFR Part 56: Regulations governing Institutional Review Boards (IRBs) and their oversight of clinical research

21 CFR Part 312: Regulations regarding Investigational New Drug Applications and conduct of clinical trials

21 CFR Part 54: Requirements for financial disclosure by clinical investigators to ensure transparency and prevent conflicts of interest

45 CFR Part 46: The Common Rule - basic provisions for human subjects protection in research

HIPAA Privacy Rule: Federal regulations protecting patient health information privacy in clinical research

HIPAA Security Rule: Standards for securing electronic protected health information in clinical research

Good Clinical Practice (GCP) Guidelines: International quality standards for clinical trials involving human subjects

ICH Guidelines: International Conference on Harmonisation guidelines for clinical research standards across regions

State-specific Regulations: Various state laws and regulations that may impose additional requirements on clinical research

NIH Guidelines: National Institutes of Health requirements for funded research and clinical trials

Stark Law: Federal law prohibiting physician self-referral in clinical research contexts

Anti-Kickback Statute: Federal law preventing improper financial incentives in clinical research

ClinicalTrials.gov Requirements: Federal requirements for registration and reporting of clinical trials

Informed Consent Requirements: Federal and state requirements for obtaining and documenting participant informed consent

Intellectual Property Laws: Federal and state laws governing ownership and protection of research innovations and data

Export Control Regulations: Federal regulations controlling the export of research data and materials internationally

IRB Requirements: Institutional Review Board specific requirements for research approval and oversight

Institutional Policies: Institution-specific policies and procedures governing clinical research conduct

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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