Uniform Biological Material Transfer Agreement
Under the U.S. Export Control Act, a license may be required from the Bureau of Industry and Security or the Commerce Department for the export of certain materials. For example, human pathogens, zoonoses, toxins, animal pathogens, genetically modified microorganisms, plant pathogens, radioactive materials, magnetic metals, propellants and ceramic materials. Anyone considering transferring materials controlled by the Commerce Department or the State Department outside the United States should work with UH export control officer Sandy Brown to obtain the necessary license. There are civil and criminal penalties for violations of export management regulations. In the event of applications to transfer biological materials, please submit the applications directly to the scientific (s) scientist (s) who provides the (s) material (s) which then forwards the application to the Office of Business Development for approval. 10. COMMERCIAL PURPOSES: The sale, rental, license or other transfer of equipment or MODIFICATIONS to a for-profit organization. COMMERCIAL PURPOSES also includes the use of materials or modifications by an organization, including RECIPIENT, to conduct order searches, to study mixed libraries, to manufacture or manufacture products for general sale or for research activities leading to a sale, lease, license or transfer of materials, or modifications to a for-profit organization. However, scientific research with industrial support is not considered to be the use of equipment or MODIFICATIONS for COMMERCIAL PURPOSES as such, unless one of the above conditions of this definition is met. For more information on equipment transfer contracts or academic transfer contracts, please contact John McNeill.
While niH SLA is recommended for the transfer of most materials, the NIH guidelines have recognized that if materials have been patented, additional conditions in an MTA may be necessary to protect the rights of the distribution institution in materials. The UBMTA takes into account the fact that the transferred materials can be patented and used for both patented and non-patented materials. If both institutions are signatories to UBMTA, simply execute the execution letter for each transfer. Non-signatories can sign the UBMTA master contract and then use the letter of execution as a signatory to the UBMTA. Alternatively, non-signatories can use AUTM MTA models, which are stand-alone contracts based on UBMTA. When exchanging research materials with other institutions, it is important to understand the context in which these research materials are shared. If our university`s research material is shared with another organization that uses these materials for a research project of its own conception, where our university is neither intellectual nor practical, this transfer would most likely be as an outgoing MTA. The term “cooperation” can mean different things to different people.
From the office of Sponsored Programs perspective, collaboration occurs when we share our research materials with another entity and work together on a jointly developed project. The agreement chosen for the transfer of research materials is chosen on the basis of cooperation with the recipient institution and a large number of other factors. Three types of MTAs are most common in academic institutions: transfer between academic or research institutions, transfer of science to industry, and transfer from industry to science.