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Office of Policy Coordination

Private Agreement FAQs

1.Do you require the review of my private written agreement before I sign?
2.How can I make sure that what I sign is in accordance with SOM policy?
3.What differentiates a private agreement from an institutional agreement?
4.Will the University sign a private agreement if it requires a signature from an authorized representative of JHU?
5.What are the main aspects I should look out for when reading through my agreement?
6.What should I do if I have questions about external services and private agreements and I cannot find answers on your website?

1.Do you require the review of my private written agreement before I sign?
We no longer review any written private agreements. Before signing your agreement, we strongly recommend that you carefully read through the document to ensure that all services you are requested to perform are in accordance with SOM policy. You may also want to consult an attorney or legal advisor to protect personal interests.
2.How can I make sure that what I sign is in accordance with SOM policy?
Our website contains information about, and guidelines for, outside services such as consulting, SAB services and speakers bureaus. If you familiarize yourself with the guidelines for providing external services, you will be able to assess whether or not your contract is in compliance with SOM policies. You can access  information at www.blablabla.com
 
In addition, you can request that the company add the JHU Uniform Provisions (“UProv”) to your agreement. The Uniform Provisions are a one page document that encompasses all key policies for faculty engaging in outside services. It can be attached to any legal contract. For more information and detailed instructions on how to add the UProv to your agreement, please go to our website. 
3.What differentiates a private agreement from an institutional agreement?

Sometimes a company may forward you a contract that is an institutional agreement and not a private one. The simplest way to spot which type of agreement you have received is to check the parties which are listed in the first paragraph of the agreement.  Private agreements should ALWAYS list you as an individual as one of the parties. The other should be the company or entity you are working with.

If one of the parties listed is ‘The Johns Hopkins University’ or ‘The Johns Hopkins Hospital’, then the agreement is considered institutional and must be sent to the Office of Research Administration (ORA) for review and signature.

Likewise, the signature page of a private agreement should not contain a signature line for JHU or a JHU representative. Rather, the signature page should only contain a signature line for you and the contracting company representative or official.

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4.Will the University sign a private agreement if it requires a signature from an authorized representative of JHU?
The University will not sign any private agreements. Occasionally, companies will ask that an authorized official of JHU sign off on the private contract thereby acknowlegding and approving the external activity. If your agreement is asking for a signature of approval, please inform the company that JHU will not sign any private agreements. Outside services are not prohibited per se but it is the faculty’s responsibility to ensure that any outside service is provided in compliance with JHU SOM policies.
5.What are the main aspects I should look out for when reading through my agreement?
  • Services:
    a) your services should be clearly defined and should not entail participation in clinical trials or patient care activities
    b) services should not entail visitations from companies to any Hopkins facility
    c) you should not be asked to participate in any activity that could reasonably constitute endorsement, promotion, or marketing of any product, technology or service
  • Confidential Information:
    a) you should not be asked to disclose any confidential information that is proprietary to JHU, including providing early or exclusive access to JHU research or disclosing inventions.
  • Non-Competition Clause:
    a) nothing in the Agreement should in any way inhibit your ability to conduct research and other academic activities at, through, or on behalf of JHU. Make sure that the non-competition clause does not limit you in your ability to work with other entities and/or companies in your field of research.
  • Ownership of Intellectual Property:
    a) you should make sure that the company will only have rights to any intellectual property that is developed by you alone or in collaboration with others as a sole and direct result of the performance of services under this Agreement. The Company shall have no rights under the Agreement to any intellectual property that is developed as a result of a program financed in whole or in part by funds provided by or under the control of JHU.
  • Publications/Use of Name:
    a)  the Company should not use the name, logos and likeness of JHU in any of their publicity materials
    b) you should not consent to having your image or name used for purposes other than education and training.
6.What should I do if I have questions about external services and private agreements and I cannot find answers on your website?

If you have any questions regarding private agreements or outside services and no answer can be found at our website, please contact the Office of Policy Coordination at 410-516-5560 or email us at policy@jhmi.edu.

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