Material Transfer Agreements (MTAs) are legal documents that outline the transfer of material between institutions. Commonly used in a university research setting, MTAs are commonly generated for biological samples, research compounds, intellectual property and software.
Material Transfer Agreements at the university level fall into two categories. The first is a transfer between two universities or non-profit organizations. The second MTA may be a transfer between the university and an industry partner. The distinction is made because a for-profit partner has substantial investment considerations, and an MTA with industry will generally be more legally restrictive.
Material Transfer Agreements protect the rights of the individuals transferring the material and the rights of the organizations they represent. The MTA is designed to prevent misunderstandings between the parties and liabilities resulting from the misuse of material transferred.
The MTA will define the material transferred between the parties. It will discuss whether the material is unique, and define ownership of the transferred material. The agreement will define how the material is to be used. It will spell out whether and under what circumstances the material may be modified. The document may define the limitations of shipment of the material. This is particularly true when the material is hazardous or subject to export control. The MTA may limit the rights of the recipient to forward the material to a third party, and outlines publishing rights and patents resulting form use of the material.
A specific transfer agreement, called the Uniform Biological Material Transfer Agreement (UBMTA), was cooperatively developed by the National Institutes if Health and the Association of university Technology Managers. This document streamlines the process of exchanging biological materials between researchers at different university and government laboratories.