MATERIAL TRANSFER AGREEMENTS (MTAs)
- Delineate the terms under which tangible materials are transferred between two or more parties.
- Convey tangible materials to the recipient
- Useful for recipient’s research and evaluation of interest in the materials
- Defines the condition of use of the provider’s materials
- May include an option to license, or to negotiate for a license (HYBRID INSTRUMENT: covering both tangible & intangible property)
STANDARDIZATION
- 1992: Association of University Technology Managers (AUTM), the NIH and industry representatives from what was then the Pharmaceutical Manufacturers Association developed a draft agreement.
- 1995: National Institutes of Health (NIH) published in 1995 the final version of the Uniform Biological Material Transfer Agreement (UBMTA) and the Simple Letter Agreement for the Transfer of Non-Proprietary Biological Material.
- Enforceable in countries that respect trade secret law.
- Conflicts can arise from competition laws that restrict the use of private agreements to achieve IP goals beyond those created by patent and copyright statutes.
EXAMPLE
INGER: