Model Material Transfer Agreement

7.5. None of the rights or obligations arising from this Agreement are otherwise transferred or transferred without the prior written consent of the other contracting parties. For simple transfers without intellectual property, the NIH recommends a simple matching agreement. For materials that can be patented or for which increased protection is desired, the Uniform Biological Material Transfer Agreement (UBMTA) can be used. Many U.S. educational institutions have signed the UBMTA Masteragrement. [2] AUTM (formerly the Association of University Technology Managers) serves as a repository for UBMTA`s original master`s contracts and keeps the list of signatories. [3] UBMTA signatories must only sign a letter of execution containing the details of each transfer, since they have already agreed to all the terms of the master contract. Currently, regulated genetic resource transfers are not managed consistently or globally within countries or at the international level. This leaves uncertainty as to what to include in a transfer agreement between a member of the BIO. The purpose of this « material transfer agreement model » (model) is to provide an overview of a transfer agreement in accordance with the best practices outlined in the guidelines. This model can be incorporated into a bioprospecting agreement; It may form the basis of a transfer contract concluded after the completion of the collection activities under a bio-prospectus contract; or can it be a substitute for a bioprospecting agreement when a BIO member is looking for a regulated genetic resource or a group of regulated genetic resources from an ex situ farm.1 This model is not intended to override national requirements governing the transfer of regulated genetic resources.

As a general rule, the underlying concern of the hardware supplier is not to restrict scientific publication, but to protect its confidential hardware-related information and to preserve the patentability of inventions. Both of these concerns are legitimate and can generally be addressed by agreeing to remove confidential information from a company from publications and delay publication for a limited period of time (usually 60 to 90 days) to allow for the evaluation of potentially patentable inventions and, if applicable, to file patent applications. Universities are happy to agree with these provisions, but other restrictions on publication rights are generally non-negotiable. 1. The general nature of the activities to be carried out with the collected genetic resources (e.g.B. screening for biological properties, growth and analysis of material samples, extraction and isolation of chemical compounds from samples, genomic analysis of the sample). Often, material suppliers on the MTA form contain proprietary or confidential information. Therefore, an MTA may contain a provision to protect the supplier`s confidential information. Confidential information may be defined as « information, data or materials, in written form or any other specific form, in relation to information that is identified as confidential at the time of disclosure »; However, confidential information should not contain information regarding: B. respond to requests from indigenous and local communities regarding information relating to the manipulation, storage or transfer of genetic resources collected in accordance with the terms of an applicable bioprospecting agreement.

[Identify physical samples of regulated genetic resources that need to be transferred.] There is a long history of exchanging biological materials, such as plant germs or genetic reserves, and this is largely what has been done freely and often without any form of legal agreement. Non-exclusive license (concluded) A licence under which rights are granted to the taker, but not exclusively to that taker; the licensee reserves the right to grant other parties the same rights or similar rights for the use of the materials granted.