Material Transfer Agreements (MTAs)

MaterialÌýTransfer Agreements (MTAs) areÌýlegally binding contracts used to transfer tangible research materialÌýbetween two organizationsÌý(the provider and the recipient). MTAs specify the recipient's permitted uses of the material, determine rights granted to each party, and provide protections forÌýeach party's intellectual property.

MTAs defineÌýthe material being transferred and sets forth terms and conditions with respect to issues such as ownership, permitted uses of the material, publication of results, development of inventions and liability. Establishing conditions prior to the transfer of material avoids issues and misunderstandings after the research has begun. Breaching an MTA creates legal and financial risks for the institution and researchers involved.

OutboundÌýMTAs allow Â鶹Ãâ·Ñ°æÏÂÔØBoulder researchers to provide materials to recipients while protecting Â鶹Ãâ·Ñ°æÏÂÔØBoulder’s intellectual property (IP).

InboundÌýMTAs from providers establishÌýÂ鶹Ãâ·Ñ°æÏÂÔØBoulder’s publication and IP rightsÌýarising from the research andÌýpreserveÌýIP rights in the provider's materials.Â鶹Ãâ·Ñ°æÏÂÔØBoulder negotiates and executesÌýMTAs on a case-by-case basis because each situation may necessitate different terms and conditions.

How to Initiate a MaterialÌýTransfer Agreement

Contract Administrators in theÌýOffice of Contracts and Grants (OCG) are the authorized representatives on behalf of Â鶹Ãâ·Ñ°æÏÂÔØBoulder for negotiation and execution of MTAs.ÌýRequests for both inbound and outbound MTAs can be initiated through the MTA Online RequestÌýForm.

Once the MTA requestÌýreceived, a Contract Administrator will perform due diligence of the request, as follows:

  1. Conduct an initial review and thoroughÌýanalysis of the request.
  2. Correspond with the Â鶹Ãâ·Ñ°æÏÂÔØBoulder Principal Investigator (PI), asking additional questions to ensure comprehensive understanding of the necessity and needs of the contract.
  3. Collaborate with Venture Partners at Â鶹Ãâ·Ñ°æÏÂÔØBoulder, the Office of University Counsel, the Office of Research Integrity, the Office ofÌýEnvironmental Health & Safety, the Facilities Security Officer and other campus offices as necessary to ensure compliance with Â鶹Ãâ·Ñ°æÏÂÔØBoulderÌýpolicies.
  4. Negotiate and correspondÌýdirectly with the other party's contractual point of contact while copying the PI for transparency.
  5. Coordinate execution once negotiations are final.

Please note:ÌýThe delegation of signature authority for MTAs at Â鶹Ãâ·Ñ°æÏÂÔØBoulder is held by OCG. PIsÌýcannot sign MTAs on behalf of Â鶹Ãâ·Ñ°æÏÂÔØBoulder.

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Transferring Export Controlled Material

All transfers of research materials, software, or data must comply with export control and trade sanction regulations.

Under U.S. export control laws, a license may be required from the Bureau of Industry and Security of the Department of Commerce for the export of certain materials. There are, for instance, controls on the export of materials that could possibly be used in chemical or biological weapons. Examples of such materials include human pathogens, zoonosis, toxins, animal pathogens, genetically modified microorganisms, plant pathogens, radioactive materials, magnetic metals, propellants and ceramic materials.

A PI who is planning to transfer materials outside the United States, that are controlled by the Department of Commerce or the Department of State should work with the Â鶹Ãâ·Ñ°æÏÂÔØBoulder’s Office of Research Integrity to obtain the required license. There are civil and criminal penalties for violating the Export Administration Regulations. For more information, please consult Â鶹Ãâ·Ñ°æÏÂÔØBoulder'sÌý.