KEY POINTS
MTAs are REQUIRED for Outgoing Research Materials
Exchanging Human-Derived Materials has IRB Implications
Using Standard Templates Below will Reduce Processing Times
In the course of research, investigators may create research materials that further science. These research materials can include, among other things, mouse models, plasmids, cell lines, and tissue. These are frequently exchanged among scientists for collaborations and are shared in amongst researchers to further develop the field. To protect these resources, and to encourage dissemination of these tools, institutions may seek to transfer these materials under Material Transfer Agreements (MTAs).
Material Transfer Agreements (MTAs) are contracts that govern the transfer of research materials between organizations and outline the rights, obligations, and restrictions for both the provider and the recipient of the research materials. MTAs set expectations to avoid misunderstandings between the parties and can address issues such as intellectual property rights, publication, liability, and permitted uses and disclosures.
Why and When would you need or want an MTA?
There are situations when an MTA is required (e.g., policy or law), and other situations where use of an MTA is strongly recommended.
- UW does not require MTA’s for incoming materials. However, most providers will not share their materials without establishing an MTA with UW. In these instances, the requirement is imposed by the provider, and a RAMP Agreement Record is required to process the MTA
- Even if an MTA is not required by a provider, an MTA may still be beneficial to the UW researcher. The MTA sets expectations, and if a UW researcher anticipates broader use or distribution of the materials in the future, the MTA can consider such permissions in advance. By documenting these items, the researcher may avoid unforeseen limitations in the use of the materials.
- For Outgoing material transfers, UW’s “Policy on Tangible Research Property” requires an MTA for all transfers of materials to a third party. An MTA affords the UW researcher with the opportunity to outline any limitations or goals for the exchange. The
- UW researcher may want a report on the outcome of the research, or may want to prohibit the recipient from modifying or redistributing the material. Providing this information can then help shape the agreement so that the researcher’s interests are protected in the future.
- Considerations for Exchanging Human-Derived Materials in Research: The School of Medicine and Public Health frequently engages in the exchange of human-derived materials. These materials may have additional limitations based on patient consents, or based on HIPAA requirements. It is important for the study team to confirm that the IRB protocol contemplates such sharing, and that the appropriate HIPAA language is included with the MTA.
Standard Templates
To facilitate material transfers, the UW-Madison encourages the use of standard templates such as the Uniform Biological Material Agreement (UBMTA), or the Simple Letter Agreement, which was developed by the NIH to reduce negotiation time and aid in the transfer of materials between institutions. Both templates are widely recognized by research institutions globally. Another alternative is the AUTM model MTAs, which are free-standing agreements based on the UBMTA which used by institutions that have not signed the UBMTA Master Agreement.