If you are a researcher or scientist involved in the transfer of materials between institutions, you may need to complete a Material Transfer Agreement (MTA). An MTA is a legal document that outlines the terms and conditions of the transfer of materials, including biological or chemical entities, research tools, and data. The MTA protects the interests of both parties and ensures that the materials are being used for the intended purpose only. Here is a checklist to help you prepare an MTA:
1. Identify the parties involved: The MTA should clearly identify the sender and receiver of the materials. This includes their contact information, institution name, and any specific department or division involved.
2. Define the materials being transferred: The MTA should describe the nature of the materials being transferred, including the quantity, quality, and specifications of the materials.
3. Specify the intended use of the materials: The MTA should clearly state the purpose of the transfer and the intended use of the materials. This helps to ensure that the materials are not used for any unintended purposes.
4. Address intellectual property rights: The MTA should clearly state who owns the intellectual property rights to the materials being transferred and how they can be used. This includes patents, copyrights, and trademarks.
5. Specify any restrictions on the use of the materials: The MTA should outline any restrictions on the use of the materials, such as limitations on the quantities that can be produced, or any restrictions on the commercial use of the materials.
6. Address liabilities and indemnification: The MTA should outline who is responsible for any damages or liability resulting from the use of the materials. The MTA should also outline how the parties will indemnify each other against any liabilities.
7. Specify the governing law and jurisdiction: The MTA should specify the governing law and jurisdiction that will apply in the event of any disputes or legal proceedings.
8. Include any additional provisions: The MTA should include any additional provisions that are relevant to the transfer of the materials, such as confidentiality requirements or conditions for terminating the agreement.
In conclusion, a Material Transfer Agreement (MTA) is a critical legal document that ensures the safe transfer of materials between institutions. By following this checklist, you can prepare a comprehensive MTA that protects the interests of both parties involved. Remember to consult with legal counsel to ensure that your MTA is compliant with the relevant laws and regulations.