Fernando A. Pena Jr.

Marketing and

Digital Executive

Fernando A. Pena Jr.

Marketing and

Digital Executive

Blog Post

Do I Need a Material Transfer Agreement

February 11, 2022 Uncategorized

Outgoing LMOs that make Yale documents available to commercial and for-profit institutions are negotiated by the Office of Cooperative Research (OCR). Inquiries should be directed to OCR@yale.edu or call OCR at 203-436-8096 (Central Campus) or 203-785-6209 (School of Medicine). See: ocr.yale.edu. External entities can have their own MTAs. All these documents must be forwarded to the ORSP for verification and signature authorized by the university. If the MTA contains clauses that conflict with existing agreements or are contrary to higher education and/or state and federal policy, ORSP will negotiate with the external body to resolve the situation. After a successful negotiation, the document is signed and returned to the donor. If the transferring company does not have a standard MTA, ORSP will provide our template to the donor and receive the required signatures. The receiving party should contact ORSP before requesting documents. Materials should not be accepted without agreement. The transfer of materials between scientists is an important part of academic and scientific cooperation. In order to ensure that appropriate measures are taken to protect the intellectual property of the University and its faculty, to maintain confidentiality where appropriate, and to minimize risks to the University and its faculty and staff, it is necessary to implement this policy.

MTAs are required for incoming and outgoing materials. Agreements are made to ensure the protection of the interests of the University and its faculty. For sponsored research projects that use an MTA, contact the Agreements Directorate or email the Agreement Manager, and for technology transfer, contact Innovation and Commercialization and inform us of the MTA Note: Addgene applications do not need to be included in the Agreements Portal. Please continue to submit these requests directly through Addgene. An incoming ATM protects a researcher`s ability to use and publish research, existing and potential intellectual property, and defines the use of all accompanying confidential information. The review of a NEW MTA ensures that the terms of the contract do not conflict with the rights granted in other research-related agreements. Outbound material MTAs typically prevent the hardware supplier from losing control of the material and its use for research purposes. In the absence of an agreement, the recipient of the material will have no legal restrictions on the use of the material or the distribution of the material.

An MTA is required whenever material is transferred between two or more parties. However, there are a few exceptions. The Office of Research and Sponsored Programs (ORSP) will review the circumstances and make a decision. Many institutions also have an MTA policy and may need their own documentation. Manual deliveries and pickups also require an agreement. A Material Transfer Agreement (ATM) is a legally binding contract for the transfer of physical research material between organizations. MTAs define the rights and obligations of the supplier and recipient of the transferred materials and the results of the research they use, including: When performing such transfers, it is important to ensure the following: MTAs are important because they define the parameters under which the material can be used. MTAs contain terms that refer to the permitted reason and duration of use of the material, the confidentiality of the material, the publication of the results, the ownership of the intellectual property, and the warranty and liability. ATMs protect the interests of the researcher and Yale and the ability to conduct future research related to the material.

It is important to ensure that the provider does not include terms that restrict the researcher`s academic freedom, assert unreasonable property rights over the findings, or use compensatory language that could endanger the university. Any unacceptable conditions will be changed through negotiations between the Sponsored Projects Office (PSO) and the supplier. Learn more about Yale`s policies regarding conditions in incoming MTAs. A Material Transfer Agreement (MTA) protects the rights of the supplier (and its scientists) and protects against claims that may arise from the use of the material. ATMs also make it possible to limit the use of materials to specific projects and to exclude any further distribution of materials to unauthorized recipients. MTAs are required for the transfer of research equipment, for example: A Material Transfer Agreement (TMA) is a contract that governs the transfer of material between institutions for use in research. Materials may include cell lines, plasmids, nucleotides, proteins, transgenic animals, plant varieties, bacteria, pharmaceuticals, and other chemicals. These agreements are usually only a few pages long and deal with issues such as ownership of the transferred material and modifications and derivatives made by the recipient. You can also restrict the use and redistribution of the material by the recipient, deal with publication and privacy rights, as well as rights to inventions and research results.

Learn more about the ATM Guiding Principles. The “Non-biological” MTA should be used for the transfer of equipment, research tools, proprietary processes or know-how. Any transferred material that is not biological would fall under this type of MTA. For simple transfers that do not involve intellectual property, the NIH recommends a simple letter of agreement. For materials that can be patented or for which greater protection is desired, the Uniform Biological Material Transfer Agreement (WBU) can be used. Many U.S. educational institutions have signed the UBMTA Framework Agreement. [2] The AUTM (formerly association of University Technology Managers) serves as a reference for the original UBMTA framework agreements and maintains the list of signatories. [3] UBMTA signatories only have to sign a letter of execution with the details of each transfer, as they have already accepted all the terms of the framework contract. On average, it takes from a few days to a few weeks. If the materials are organic and the disclosing institution uses the Uniform Biological Material Transfer Agreement, UTA can sign the letter of execution associated with this agreement very quickly.

If the disclosing institution uses the UT Incoming MTA model, the process will also be very fast. UTA is in the process of negotiating with other popular suppliers to conclude other framework agreements. If we have not negotiated an MTA with a particular catalog company and you have a need, let us know, and we may be able to negotiate terms appropriate to academic practice. The purpose of this exchange may be to promote a line of research for questioning, to improve scientific cooperation, to confirm the results of research or to provide material for testing and commercialization. Yes, an MTA is required if the material provided by UCSD is used by the host organization for its own research and does not comply with the protocol. The University of Houston is a signatory to the Uniform Biological Material Transfer Framework Agreement (UBMTA), a contractual mechanism issued by the NIH on behalf of PHS to facilitate the transfer of biological material between academic institutions. For institutions that have accepted the terms of the UBMTA Framework Agreement, it is not necessary to negotiate individual terms for each transfer of biological material. Instead, an implementation letter is executed that identifies the biological material as well as the providing institution and the receiving institution. To the extent possible, the UBMTA is used to expedite the transfer of applicable biological material AUTM MTA Toolkit Despite the recognized benefits of standard agreements and the encouragement to use them, the lack of use has led to a missed opportunity to remove barriers to material transfer. In 2011, AUTM conducted a survey to measure the use of UBMTA and ALS and to understand why many institutions choose not to use them.

Some repositories require records and others require MTAs, and some require both. .