Material Transfer Agreements. Materials, for example biological materials, are often distributed by scientists to their colleagues for a variety of purposes, such as duplication and confirmation of experimental results or evaluation of the material for alternate uses. Such intellectual property is an important factor in attracting research funding. For this reason, the university will help academic personnel review Material Transfer Agreements [MTAs] and other agreements that arise out of their interaction with industry. All such agreements must be approved by the Associate Xxxxxxx, Research. In all cases, the university requires researchers to sign an MTA to ensure that these materials are used only for scientific research and not for commercial applications. If the material is being transferred for commercial application, its use shall be governed by a license agreement. Each MTA requires university authorization and an authorized university signature. academic personnel must enter into an MTA prior to distributing or receiving any such materials. Because MTAs often contain restrictions on intellectual property and publication, all MTAs must be submitted to the Associate Xxxxxxx, Research for review. If the terms and conditions of the MTA are unacceptable to the university, the Associate Xxxxxxx, Research, in consultation with the researcher, will attempt to negotiate other terms acceptable to all parties.
Material Transfer Agreements. Materials, for example biological materials, are often distributed by scientists to their colleagues for a variety of purposes, such as duplication and confirmation of experimental results or evaluation of the material for alternate uses. Such intellectual
Material Transfer Agreements. Materials, for example biological materials, are often distributed by scientists to their colleagues for a variety of purposes, such as duplication and confirmation of experimental results or evaluation of the material for alternate uses. Such intellectual property is an important factor in attracting research funding. For this reason, the university will help academic personnel review Material Transfer Agreements [MTAs] and other agreements that arise out of their interaction with industry. All such agreements must be approved by the Associate Xxxxxxx, Research. In all cases, the university requires researchers to sign an MTA to ensure that these materials are used only for scientific research and not for commercial applications. If the material is being transferred for commercial application, its use shall be governed by a license agreement.
Material Transfer Agreements. When the provider has no intellectual property or other proprietary rights in the materials and is not under an obligation to protect the property rights of a third-party in the materials, the transfer of such materials, absent accompanying identifiable health information, generally carries few risks, and the terms of the MTA can be brief and relatively straightforward. However, the terms of the MTA become more complicated when the materials are unique, proprietary, hazardous or include human fluid or tissue, or if there are issues regarding liability or ownership of any results that derive from the material, or the associated information constitutes identifiable health information. The National Institutes of Health (NIH), through the Association of University Technology Mangers (AUTM), has promulgated a variety of MTA templates to facilitate the transfer of materials into and out of the NIH, as well as transfers among non-profit research institutions, such as universities that are signatories to the Uniform Biological Material Transfer Agreement (UBMTA) and other MTA templates, depending upon the parties and the nature of the material to be transferred.2-4 The NIH Guiding Principles for such agreements inform these templates. However, except for some basic terms, the UBMTA will not be useful in situations where the proposed transfer is between a non-profit research institution and a commercial entity, so the MTA must be crafted to meet the special circumstances and requirements of the parties.5 Nonetheless, universities and other non-profit institutions have certain inflexible requirements and only marginal flexibility with respect to intellectual property issues. An MTA is not generally required for the transfer of human biological samples or data to a sponsor or third party pursuant to a clinical trial protocol, informed consent form, and HIPAA authorization, since the transfer and use of the materials will be governed by the terms of the applicable clinical trial agreement. However, the use of an MTA is generally needed for the transfer of human biological materials and associated information obtained as (a) leftover (or “remnant”) material collected in the course of medical treatment, testing or clinical research; (b) additional or “secondary” specimens collected in the course of conducting a clinical trial, with consent by the subject; or (c) voluntarily provided by a donor for banking and general research use6. An MTA addresses requirements relating...
Material Transfer Agreements. Date of Date of
Material Transfer Agreements. Both the Material Transfer Agreement dated July 1, 2019 and amended April 10, 2020 and the Material Transfer and Feasibility Agreement dated July 10, 2019 (collectively, the “MTAs”), signed by and between the Parties, have terminated in accordance with their terms. The Parties hereby confirm that (i) any remaining Materials provided by one Party to another under the MTAs were destroyed by the receiving Party; (ii) no Out-Of-Scope Results were generated; (iii) any documents or other tangible records that apply to Inventions and Data that do not constitute Out-of-Scope Results, all documents and other tangible objects containing or representing Confidential Information of the other Party or prepared based on Confidential Information of the other Party, and all copies thereof were destroyed by each Party (except for one (1) copy of any such documents remained for any continuing legal obligations); (iv) Millennium has provided all reports and data required to be disclosed to Xxxxxxxx under Article 5 of each of the MTAs; (v) neither Party has developed, made, conceived, or reduced to practice [***] that may have been generated under the Material Transfer Agreement dated July 1, 2019; and (vi) neither party may use [***] that was generated under the Material Transfer and Feasibility Agreement dated July 10, 2019 (“July 10 MTA”) nor file any patent application which includes [***] generated under such July 10 MTA. For the avoidance of doubt, nothing in this Agreement will be construed to limit either Party from conducting independent research and to develop intellectual property rights related to the same subject matter as the Research Programs of the MTAs provided that the research is not based on (a) the tangible materials or confidential information received from the other Party under either MTA or (b) the [***] generated under either MTA). All capitalized terms used in this Section 1.2 shall have the meaning set forth in the MTAs.
Material Transfer Agreements. The following agreement(s), attached to this Implementing Letter, are between RECIPIENT and PROVIDER. RECIPIENT and RECIPIENT SCIENTIST agree to give a copy of this Implementing Letter and the agreement(s) listed below to each RECIPIENT researcher who will work with the ORIGINAL MATERIALS in order for them to comply with the terms hereof: Upon execution of this Implementing Letter and the agreement(s) listed below, PROVIDER will direct WiCell to transfer the ORIGINAL MATERIALS to RECIPIENT and RECIPIENT SCIENTIST. Material Transfer Agreement 8. Additional Terms: No Warranties: OTHER THAN AS EXPRESSLY STATED HEREIN (OR WITH RESPECT TO PROVIDER IN THE ATTACHED AGREEMENT(S)), NEITHER PROVIDER NOR WICELL MAKES ANY REPRESENTATIONS NOR EXTENDS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE ORIGINAL MATERIAL OR OTHERWISE. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT RECIPIENT’s RECEIPT OR USE OF THE ORIGINAL MATERIAL, OR ANY DERIVATIVES OR MODIFICATIONS OF THE ORIGINAL MATERIAL, WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS. Recipient acknowledges that the ORIGINAL MATERIAL is experimental in nature and agrees to rely solely on its own evaluation of the ORIGINAL MATERIAL in regard to its safety and suitability for any purpose.
Material Transfer Agreements. CRO acknowledges that where Labcorp enters into a material transfer agreement (“MTA”) with the provider of any HBS, Labcorp shall act in accordance with the terms of such MTA with respect to the disposition of any relevant HBS. In the event of a conflict between the terms of an MTA, this Agreement, any Work Order and any instructions provided by CRO, the terms of the MTA shall prevail.
Material Transfer Agreements. Where clinical samples are to be collected for analysis in accordance with a specific Trial protocol, the BDO will assess whether a separate Material Transfer Agreement is required or a clause addressing handling of Trial samples should be included within one of the other Trial agreements. In either case, the material transfer provision must be place before any samples are transported.
Material Transfer Agreements. Purpose: An agreement between a Federal laboratory and a non-Federal party (e.g. ODU) to perform collaborative research and development to solve technical and industrial problems, often of broader societal impact.