Data means recorded information used or generated in the performance of a CAVD Project. (CAVD means a network of centers and consortia funded by the Bill & Melinda Gates Foundation, to support the implementation of the scientific strategic plan of the Global HIV Vaccine Enterprise.)
This agreement defines the following categories of data: (Annex C – Data & Materials Sharing Guiding Principles)
(i) Standardized Data: all data resulting from an assay after it has been defined as a Standardized Assay, which is performed by persons or organizations certified to perform;
(ii) Non-Standardized Data: all data not resulting from Standardized Assays other than Comparative Data;
(iii) Comparative Data: all Data resulting from comparative evaluation of Non-
(iv) Comparative Standardized Data: all Data resulting from comparative evaluation of Standardized Data produced by a CAVD Member; accordingly Comparative Standardized Data is a subset of the Comparative Data.
Annex C§1(c)(ii): Ownership of Data
The ownership of Data is outside the scope of these Guiding Principles and should be addressed by the CAVD Members under a separate contractual arrangement.
Annex C§1(c)(iii): Management of Data
No CSF (Central Service Facilities) shall assert against any CAVD Member any database rights, copyrights, moral rights or other rights in the Data incorporated into any database by a CSF in support of the CAVD. The CAVD Member that submitted Data (or Materials used to generate the Data) to the CSF shall not assert against any CAVD Members any database rights, copyrights, or moral rights to such Data incorporated into a database by a CSF in support of the CAVD.
§3: The Recipient agrees that Materials (a) will not be used in human subjects, in clinical trials, or for diagnostic purposes involving human subjects unless such use is expressly approved by the Provider in writing and the Recipient’s use shall be in accordance with the appertaining clinical protocol, informed consent and subject to any required Institutional Review Board and / or Ethics Committee approvals and / or other necessary approvals as applicable; (b) will not be used for Commercial Purposes; and (c) will only be used by individuals who are legally obligated, in the manner and to the extent required in the applicable Material Transfer Record Forms, to allocate their respective right in any and all CAVD Inventions (and any patent rights or other rights arising therefrom); and (d) will not be given or made available to CAVD Members or third parties unless approval to do so has been given on the respective Material Transfer Record Form by the Provider and in which case such transfer will also be under the conditions of this Master MTA, and subject to the approval of the originator of the materials.