Material Transfer Agreement (MTA)

A Material Transfer Agreement (MTA) is a intellectual property agreement that governs the transfer of tangible research materials between two organizations, typically when one party seeks to use another's materials for research purposes.

• Context:
  • It can range from being a Non-Commercial Material Transfer Agreement, focusing on academic and non-profit research collaborations, to being a Commercial Material Transfer Agreement, involving entities with intentions of commercializing the research outcomes.
  • It can (typically) contain Material Transfer Agreement Contents such as:
    • Material Transfer Agreement Clauses, which may include:
      • A Definition of Material Clause, specifying the materials being transferred and their intended use.
      • A Usage Limitation Clause, detailing restrictions on how the materials can be used.
      • A Responsibility and Liability Clause, outlining each party's responsibilities and liabilities regarding the use of materials.
      • A Intellectual Property Rights Clause, defining the ownership and rights to any inventions or findings resulting from the use of the materials.
      • A Confidentiality Clause, addressing the protection and non-disclosure of proprietary information exchanged or discovered during the research.
      • ...
    • Material Transfer Agreement Provisions, which may include:
      • A Material Use Provision, detailing the specific uses allowed for the materials under the agreement.
      • A Reporting Provision, outlining requirements for reporting research progress or outcomes to the material provider.
      • A Compliance Provision, specifying the compliance with relevant laws and regulations in the use of the materials.
      • A Return or Destruction Provision, detailing the process for returning or disposing of the materials post-research.
      • A Dispute Resolution Provision, outlining mechanisms for resolving disputes arising under the agreement.
      • ...
  • ...
• Example(s):
  • One between a university and a pharmaceutical company for the transfer of a new drug compound for testing.
  • One that involves the sharing of a genetically modified organism (GMO) for research between two research institutions.
  • ...
• Counter-Example(s):
  • A Clinical Trial Agreement (CTA).
  • A Non-Disclosure Agreement (NDA), which is focused solely on the confidentiality of shared information rather than the transfer of tangible materials.
  • A Licensing Agreement, which grants permission to use intellectual property rather than the transfer of physical materials.
• See: Biotechnology Law, Intellectual Property Management, Non-Profit Research Institutions, Patent Licensing, Research Ethics, Technology Transfer Agreement, University-Industry Collaboration.

References

2024

• (Wikipedia, 2024) ⇒ https://en.wikipedia.org/wiki/Material_transfer_agreement Retrieved:2024-2-12.
  • A material transfer agreement (MTA) is a contract that governs the transfer of tangible research materials between two organizations when the recipient intends to use it for his or her own research purposes. The MTA defines the rights of the provider and the rights and obligations of the recipient with respect to the materials and any progeny, derivatives, or modifications. Biological materials, such as reagents, cell lines, plasmids, and vectors, are the most frequently transferred materials, but MTAs may also be used for other types of materials, such as chemical compounds, mouse models, and even some types of software.

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