Always insist on an MTA if you want to control the distribution of your hardware to third parties and/or the commercial application of the material you provide. The transfer of equipment to a company is generally governed by a commercial licensing agreement and not by an MTA. Many U.S. universities use the Uniform Biological Material Transfer Agreement (UBMTA) to exchange materials between academic groups. The universities of Basel, Bern and Zurich are signatories to the UBMTA master`s contract, which facilitates the completion of these UBMTAs. Signing a letter implenting is sufficient in such cases. Often, the person who provides the material has exaggerated ideas about the possession of the research results obtained with the material. Sometimes even publication is prohibited. Be very careful, especially for materials that have been obtained under an MTA by a company, so as not to let an agreement block your subsequent searches. We will always strive to complete our side of the MTA process as quickly as possible. However, an agreement may require further negotiations and measures by the other party, which could take several weeks, especially if they are abroad.
If possible, plan for the needs of your materials as far as possible to avoid any delay in your search. A material transfer contract (MTA) is a contract that governs the transfer of research material between two organizations when the recipient intends to use it for his or her own research purposes. The MTA defines the rights of the supplier and the rights and obligations of the recipient with respect to materials and all offspring, derivatives or modifications. Biological materials such as reagents, cell lines, plasmids and vectors are the most frequently transferred materials, but MTAs can also be used for other types of materials such as chemical compounds, mouse models and even certain types of software. The buyer cannot otherwise transfer or transfer this MTA or rights or obligations of this MTA by law or by other means. Such an attempt at surrender or transfer is null and void and has no force or effect. This MTA, including all documents contained in this reference document, constitutes the entire agreement between ATCC and the purchaser with respect to biological material and replaces all previous agreements or assurances (written or oral) between ATCC and the purchaser regarding the same object. This MTA can only be amended, cancelled or terminated in writing and signed by the parties. No clause or provision in this term is deemed to waive and no violation is excused unless such a waiver or consent is signed in writing and signed by the parties. If, for any reason deemed unenforceable, a provision of this MTA is not applicable, the rest of the MTA will remain fully in force. None of the provisions of this MTA are intended to establish or establish a relationship between ATCC or the purchaser that is not that of independent companies that, as part of this sub-activity, enter into contracts between themselves exclusively for the purposes of the application of the provisions of this agreement.