An MTA-out, in which the university approaches with the transfer of equipment to a commercial enterprise in Serdienst, is usually used to support the business activities of the company. These transfers should be subject to a royalty and will be processed by the industrial partnership and marketing team in the companies. Outgoing MTAs allow CU Boulder researchers to make materials available to recipients while protecting CU Boulder`s Intellectual Property (IP) protection. Our university is a signatory to the Uniform Biological Material Transfer Agreement (UBMTA) Master Agreement (UBMTA), a contractual mechanism published by NIH on behalf of PHS to facilitate the transfer of biological material between academic institutions. For institutions that have accepted the terms of the UBMTA master contract, it is not necessary to negotiate individual terms for any transfer of a biological material. Instead, a letter of execution is implemented, which refers to both the biological material, the supply agency and the host institution. Where possible, the Clinical/Corporate Contracts Services team will use UBMTA to expedite the transfer of applicable biological materials. A material transfer contract (MTA) is a contract that governs the transfer of research material between two organizations when the recipient intends to use it for his or her own research purposes. The MTA defines the rights of the supplier and the rights and obligations of the recipient with respect to materials and all offspring, derivatives or modifications. Biological materials such as reagents, cell lines, plasmids and vectors are the most frequently transferred materials, but MTAs can also be used for other types of materials such as chemical compounds, mouse models and even certain types of software. MTAs define the transferred material and set conditions for issues such as ownership, authorized use of material, publication of results, development of inventions and liability. Establishing preconditions for the transfer of equipment avoids problems and misunderstandings after the start of the search. Violation of an MTA carries legal and financial risks for the relevant institute and the researchers involved.
Raw material MTAs generally prevent the material supplier from losing control of the material and its use of research. In the absence of an agreement, the recipient of the material has no legal restrictions on the use of the equipment or the transfer of the material. For incoming MTAs (since the owner of the research material determines the conditions under which he wishes to share the material with our university), the IP/PI department should secure the MTA proposed by the owner of the research equipment There are a number of scenarios in which an MTA could help clarify the conditions for the transfer or use of associated samples and data.