Material Transfer Agreements. Materials, for example biological materials, are often distributed by scientists to their colleagues for a variety of purposes, such as duplication and confirmation of experimental results or evaluation of the material for alternate uses. Such intellectual property is an important factor in attracting research funding. For this reason, the university will help academic personnel review Material Transfer Agreements [MTAs] and other agreements that arise out of their interaction with industry. All such agreements must be approved by the Associate Xxxxxxx, Research. In all cases, the university requires researchers to sign an MTA to ensure that these materials are used only for scientific research and not for commercial applications. If the material is being transferred for commercial application, its use shall be governed by a license agreement. Each MTA requires university authorization and an authorized university signature. academic personnel must enter into an MTA prior to distributing or receiving any such materials. Because MTAs often contain restrictions on intellectual property and publication, all MTAs must be submitted to the Associate Xxxxxxx, Research for review. If the terms and conditions of the MTA are unacceptable to the university, the Associate Xxxxxxx, Research, in consultation with the researcher, will attempt to negotiate other terms acceptable to all parties.
Material Transfer Agreements. Materials, for example biological materials, are often distributed by scientists to their colleagues for a variety of purposes, such as duplication and confirmation of experimental results or evaluation of the material for alternate uses. Such intellectual property is an important factor in attracting research funding. For this reason, the university will help academic personnel review Material Transfer Agreements [MTAs] and other agreements that arise out of their interaction with industry. All such agreements must be approved by the Associate Xxxxxxx, Research. In all cases, the university requires researchers to sign an MTA to ensure that these materials are used only for scientific research and not for commercial applications. If the material is being transferred for commercial application, its use shall be governed by a license agreement. Each MTA requires university authorization and an authorized university signature. academic personnel must enter into an MTA prior to distributing or receiving any such materials.
Material Transfer Agreements. Materials, for example biological materials, are often distributed by scientists to their colleagues for a variety of purposes, such as duplication and confirmation of experimental results or evaluation of the material for alternate uses. Such intellectual
Material Transfer Agreements. When the provider has no intellectual property or other proprietary rights in the materials and is not under an obligation to protect the property rights of a third-party in the materials, the transfer of such materials, absent accompanying identifiable health information, generally carries few risks, and the terms of the MTA can be brief and relatively straightforward. However, the terms of the MTA become more complicated when the materials are unique, proprietary, hazardous or include human fluid or tissue, or if there are issues regarding liability or ownership of any results that derive from the material, or the associated information constitutes identifiable health information. The National Institutes of Health (NIH), through the Association of University Technology Mangers (AUTM), has promulgated a variety of MTA templates to facilitate the transfer of materials into and out of the NIH, as well as transfers among non-profit research institutions, such as universities that are signatories to the Uniform Biological Material Transfer Agreement (UBMTA) and other MTA templates, depending upon the parties and the nature of the material to be transferred.2-4 The NIH Guiding Principles for such agreements inform these templates. However, except for some basic terms, the UBMTA will not be useful in situations where the proposed transfer is between a non-profit research institution and a commercial entity, so the MTA must be crafted to meet the special circumstances and requirements of the parties.5 Nonetheless, universities and other non-profit institutions have certain inflexible requirements and only marginal flexibility with respect to intellectual property issues. An MTA is not generally required for the transfer of human biological samples or data to a sponsor or third party pursuant to a clinical trial protocol, informed consent form, and HIPAA authorization, since the transfer and use of the materials will be governed by the terms of the applicable clinical trial agreement. However, the use of an MTA is generally needed for the transfer of human biological materials and associated information obtained as (a) leftover (or “remnant”) material collected in the course of medical treatment, testing or clinical research; (b) additional or “secondary” specimens collected in the course of conducting a clinical trial, with consent by the subject; or (c) voluntarily provided by a donor for banking and general research use6. Typical MTA Terms An MTA addresses req...
Material Transfer Agreements. Material Transfer Agreements (MTAs) govern the transfer of one or more materials from the owner (or authorised licensee) (‘the provider’) to a third party (‘the recipient’) who may wish to use the material for research purposes. Materials can include cultures, cell lines, plasmids, nucleotides, proteins, bacteria, transgenic animals, pharmaceuticals, other chemicals, alloys and other materials with scientific or commercial value. Most commercial organisations, and an increasing number of academic institutions, will only release materials if there is an MTA in place between the provider and the recipient. For the provider, this agreement provides control over the distribution of the material, enables them to restrict the use of the material to non-commercial research, and reduces the legal liability of the provider for the recipient’s use of the material. In addition, the terms of the MTA can help the provider to gain access to the results of the research, both for information purposes and for commercial exploitation. Current Procedure Legal Services is responsible for approving and negotiating terms for both incoming and outgoing MTAs, on behalf of Northumbria University. The MTA must be signed by an authorised signatory in the Faculty in accordance with the University’s Financial Regulations. It is important that Legal Services reviews all MTAs to make sure that Northumbria University does not agree to terms that may be in conflict with the provisions of research grants, fellowships, consultancies etc. Among the important issues to be negotiated are publication rights, Intellectual Property (IP) rights, governing law, warranties and indemnities.
Material Transfer Agreements. Material Transfer Agreements govern the transfer of tangible research materials between the University and another company or institution. The Material Transfer Agreement defines the rights of the provider and the recipient with respect to the materials and any derivatives. It typically covers liability, confidentiality, and other relevant terms. Biological substances are the most frequently transferred materials, but Material Transfer Agreements may also be used for other types of materials, such as chemical compounds and even some types of software. The parties to the agreement must consider the facts of each situation in the negotiations of appropriate terms. Where to Start: For assistance with Material Transfer Agreements where the University will be the recipient of incoming materials, contact the Office of Sponsored Programs and Research Administration (OSPRA). If the University is purchasing the materials, consult the Purchasing Division. For assistance with Material Transfer Agreements where the University will be the provider of materials, contact the Office of Technology Management (OTM). Memorandum of Agreement (MOA) / Memorandum of Understanding (MOU) Memorandums of Understanding (MOU’s) or Memorandums of Agreement (MOA’s) are often used inappropriately. Use of the terms “Memorandum of Understanding (MOU)” or “Memorandum of Agreement (MOA)” does not mean that the document is not a legally binding contract. The substance of a document and not its name determines whether it is an enforceable contract. Typically an MOU or MOA should be used when the parties want to document their intention to enter into a binding contract. In other words, the MOU will serve as the basis of a future formal contract. Sometimes the University will use an MOU or MOA to document arrangements between departments or units within the University. Keep in mind, however, that many parties, including foreign institutions, will issue a document titled “MOA” or “MOU” that contains legally binding obligations. An MOU or MOA must be routed, reviewed, approved and signed according to the same policies and procedures governing contracts. In addition, all MOU’s and XXX’s must be approved by the Chancellor’s Office. Where to Start: For assistance in determining whether an MOU/MOA is appropriate, contact the AVP Office or University Counsel.
Material Transfer Agreements. Where clinical samples are to be collected for analysis in accordance with a specific Trial protocol, the BDO will assess whether a separate Material Transfer Agreement is required or a clause addressing handling of Trial samples should be included within one of the other Trial agreements. In either case, the material transfer provision must be place before any samples are transported.
Material Transfer Agreements. The transfer of any materials between the parties in connection with this Agreement and UWRAPT will be reflected in separate mutually-agreeable written material transfer agreements executed by the duly-authorized representatives of the parties.
Material Transfer Agreements. Purpose: An agreement between a Federal laboratory and a non-Federal party (e.g. ODU) to perform collaborative research and development to solve technical and industrial problems, often of broader societal impact. Scope: Federal laboratory may provide personnel, services, facilities and equipment, but no funds for the collaborative research or development. A non-Federal party may provide funds, in addition to personnel, services, facilities and equipment for the collaboration. Defines topic of research and includes Statement of Work or Joint Work Plan. Specifies deliverables and milestones. Authorization: 15 USC §3710a Cooperative Research and Development Agreements COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENT (CRADA)
Material Transfer Agreements. Both the Material Transfer Agreement dated July 1, 2019 and amended April 10, 2020 and the Material Transfer and Feasibility Agreement dated July 10, 2019 (collectively, the “MTAs”), signed by and between the Parties, have terminated in accordance with their terms. The Parties hereby confirm that (i) any remaining Materials provided by one Party to another under the MTAs were destroyed by the receiving Party; (ii) no Out-Of-Scope Results were generated; (iii) any documents or other tangible records that apply to Inventions and Data that do not constitute Out-of-Scope Results, all documents and other tangible objects containing or representing Confidential Information of the other Party or prepared based on Confidential Information of the other Party, and all copies thereof were destroyed by each Party (except for one (1) copy of any such documents remained for any continuing legal obligations); (iv) Millennium has provided all reports and data required to be disclosed to Xxxxxxxx under Article 5 of each of the MTAs; (v) neither Party has developed, made, conceived, or reduced to practice [***] that may have been generated under the Material Transfer Agreement dated July 1, 2019; and (vi) neither party may use [***] that was generated under the Material Transfer and Feasibility Agreement dated July 10, 2019 (“July 10 MTA”) nor file any patent application which includes [***] generated under such July 10 MTA. For the avoidance of doubt, nothing in this Agreement will be construed to limit either Party from conducting independent research and to develop intellectual property rights related to the same subject matter as the Research Programs of the MTAs provided that the research is not based on (a) the tangible materials or confidential information received from the other Party under either MTA or (b) the [***] generated under either MTA). All capitalized terms used in this Section 1.2 shall have the meaning set forth in the MTAs.
