When do MTAs Apply?

When do MTAs Apply?

MTAs are binding written contracts that govern the use of loaned material

 

Examples of materials include:

assay materials     technical data     products
monoclonal antibodies     software     processes
cell lines     confidential information     devices
mouse strains     integrated circuit designs     fabricated equipment
plant varieties     blueprints     any unique material


Material Transfer Agreement Applies:

  • Material arises from research and is not controlled by an existing third party agreement
  • Independently developed but assigned to UNH
  • Developed under UNH funding or external funding

 

Material Transfer Agreement Does Not Apply:

  • Internal transfer among UNH entities
  • Material resulting from one's academic activities (such as a syllabus or course notes)
  • Purchased Material
  • Work for Hire – transfer to a contractee or contractor per an existing agreement
  • Transfer for diagnosis or testing
  • Arising from research but controlled by a third party, such as an industrial contract
  • Independently developed – no UNH resources were used to create the material, the material is not assigned to UNH

 

 

Material Transfer Concerns

Intellectual Property

  • MTAs define and protect rights to inventions, patents, and commercialization resulting from Material
  • MTAs define and protect rights to improvements to Material and/or inventions made using Material
  • MTAs provide control over the distribution of Material
  • MTAs ensure acknowledgment of UNH investigators in publications resulting from use of their Material

 

Hazards

  • MTAs ensure recipients exercise care in handling Material
  • MTAs ensure recipients follow relevant federal guidelines relating to recombinant DNA, protection of human subjects in research, and the use of animals.
Bookmark and Share