Material Transfer Agreements
Material Transfer Agreements (MTA) describe the terms under which University researchers can share materials, typically for research or evaluation purposes. These agreements are administered by either U-M Tech Transfer (for materials leaving the University) or the Office of Research & Sponsored Projects (ORSP) (for materials entering the University). Intellectual property rights can be endangered if materials are used without a proper MTA.
If a U-M researcher is requesting materials from your company (or university) or you are U-M researcher requesting materials from a company (or university), please contact ORSP to facilitate obtaining the necessary MTA.
If you would like to obtain materials from the University of Michigan, or are a faculty/staff member interested in sending your materials out, please contact our MTA coordinator, Katie Moynihan, at (734) 763-0441 or email@example.com for help with an MTA.
Instructions for Sending "Materials" Outside the University
U-M Principal Investigators may send Materials to outside entities without a formal Material Transfer Agreement (MTA) if ALL of the following are true:
1.) The Material is NOT or does NOT contain any of the following:
- Human-derived tissues, fluids, or samples of any kind
- A controlled substance containing pathogens or other harmful biological agents subject to special guidelines and/or procedures
- Technology described in, or is part of, an Invention Report that U-M is protecting or has protected under one or more patents or pending patents
- Intellectual property exclusively licensed by U-M to another party
- Any Material that was received from another party under an agreement (e.g., other Material Transfer Agreements, sponsored research agreements, or commercial purchases with use limitations) that prohibits or limits redistribution or further transfer of such material
2.) The Material will be transferred to a recipient who meets all the following criteria:
- Is a Principal Investigator at a non-profit and/or educational research institution only
- Plans to use the Material for non-commercial academic research purposes only, and
- Will not use the Material for research, testing, or treatment involving human subjects or for making any decisions relating to human diagnosis or care
3.) The U-M PI does NOT wish for any of the following:
- Limit whether and to whom the Material is resent (e.g., without an agreement, the Material may be sent to others without notification to the U-M PI)
- Review any publications relating to use of the Material prior to publication
- Limit how the Material will be used
- Protect the ownership or potential patentability of the Material or any derivatives of the Material; or
- Exchange the Material for other material or services to be provided by the recipient.
If your situation does not meet all of the above criteria, please contact Tech Transfer to have a Material Transfer Agreement (MTA) developed for the transfer of the Materials. Please send the following information to Katie Moynihan (firstname.lastname@example.org) at the U-M Office of Technology Transfer:
- Description and amount of Material to be sent
- Complete address and contact information (including email) of Recipient
- Any special instructions or conditions to be included in the MTA (i.e., restrictions on breeding animals, review of publications, research use restrictions, restrictions on transfer)
Generally, when the material is being sent to another non-profit institution in the United States and is not live animals (rats, mice, etc.), Tech Transfer will use the Uniform Biological Material Transfer Agreement (UBMTA). If needed, Tech Transfer can work with you to develop a customized MTA for your Material or, if the Material is being provided to a for-profit entity, develop the appropriate agreement.
Note 1: Materials to be sent outside of the United States
If you are shipping materials outside of the U.S., the materials may be subject to federal regulation, including export control laws that define the conditions under which certain information, technologies, and commodities can be transmitted to individuals outside of the U.S. (including U.S. citizens that are outside of the U.S.) or in the case of information, to certain foreign nationals within and outside of the U.S. Tech Transfer will review with you conditions that may trigger review of the intended transfer under U.S. export control laws and regulations.
Note 2: Howard Hughes Medical Institute (HHMI) Investigators
In addition to University of Michigan policies, U-M investigators that are employed by the Howard Hughes Medical Institute are also subject to HHMI policies for sending materials that meet the above criteria. Please reference the following:
Printed from: http://www.techtransfer.umich.edu/resources/industry/materialtransfer.php