Material Transfer Agreements
A Material Transfer Agreement (MTA) is a contractual instrument that governs the exchange of research materials and tools between organizations. The types of material exchanged may be used in all areas of research from agriculture and biology to chemistry and computer science. MTAs are typically used when the material to be transferred is proprietary, unique, or trade secret. Usually a transfer of material between industry and academia requires an MTA. MTAs address the ownership and use of transferred materials and modifications and derivatives made by the recipient. Often MTAs address confidentiality, publication rights, and rights to inventions and research results. When do you need an MTA? The most common situations are when:
* You anticipate ongoing collaboration with the provider or receiver.
* The material is proprietary or treated as trade secret
* The material is infectious, hazardous or subject to special regulations
* The provider has liability concerns.
* The material cannot be obtained without a nondisclosure agreement.
* The provider wishes to restrict or delay publication.
* The provider wishes to restrict student access to the material.
* The provider wishes to exert ownership rights to research results or inventions resulting from the material’s use.
The Council on Governmental Relations has published Materials Transfer in Academia that answers 20 frequent questions about material transfer. The publication may be accessed in PDF form at http://www.cogr.edu/files/publications_intellectual.cfm.
* If you anticipate receiving or have received an MTA, please complete the attached MTA questionnaire and send it with any supporting materials to OTT.
* If you need to prepare an MTA to send material to another university, please complete this UBMTA Implemention letter and send it to OTT.
* If you need to prepare an MTA to send material to a nonacademic organization, please contact OTT for assistance.
Office of Technology Transfer
University of Alaska Fairbanks
P. O. Box 757270
Fairbanks, Alaska 99775-7270
If you have questions or need assistance, please call 907.474.7765.
Uniform Biological Material Transfer Agreement
In 1995, the National Institutes of Health issued its final version of the Uniform Biological Material Transfer Agreement (UBMTA) in the Federal Register. The UBMTA was developed to expedite and simplify the exchange of biological research materials between participating public and nonprofit organizations. Material transfers between organizations that are signatory to the UBMTA Master Agreement may be accomplished through the use of an Implementing Letter, reducing the number of MTAs that require individual negotiation. The University of Alaska became signatory to the UBMTA Master Agreement on December 2, 2004. Signed UBMTA Master Agreements are housed with the Association of University Technology Managers. Additional information as well as the text of the Federal Register Notice and list of signatories can be accessed at http://www.autm.net/aboutTT/aboutTT_umbta.cfm.
If the recipient of your material is signatory to the UBMTA and is willing to accept the Simple Letter Agreement, you are not required to seek assistance from us.
NIH Model Organism Sharing Policy
The NIH Policy on Sharing Model Organisms for Biomedical Research was published in the NIH Guide on May 7, 2004, and became effective October 1, 2004. The policy reflects the desire of NIH to encourage sharing of research materials and tools while recognizing the rights granted to universities through the Bayh–Dole Act. NIH now requires plans for sharing organisms and other research materials to be included in each proposal submitted to NIH for consideration. More information on the sharing policy, including sample plans can be accessed at http://grants.nih.gov/grants/policy/model_organism/index.htm. The NIH Statement on Sharing and Distributing Mouse Resources and other related information may be found at http://www.nih.gov/science/models/mouse/. Sharing plans should be reviewed and approved by OIP. If you are employed at UAF, your plan may be approved by OTT or the Office of Research Integrity.