Materials may include cultures, cell lines, plasmids, nucleotides, proteins, bacteria, transgenic animals, pharmaceuticals, other chemicals, alloys and other materials of scientific or commercial value. E. Another set of laws concerns the export of materials. Although U.S. export control laws allow most materials to leave the United States without a specific license, special licenses may be required for materials that could be used in chemical or biological weapons, including, for example, human pathogens and toxins. See COGR brochure, Q20. Some repositories require registrations and some require MTAs, and some require both. If you register for the use of a repository or order a specific material and the deposit requires an institutional signature, the documentation must be forwarded to the research department. Material transfer agreements (ATMs) are legally binding contracts that are used to transfer physical research equipment between two organisations (suppliers and beneficiaries). MTAs determine the recipient`s authorized use of the material, determine the rights granted to each party, and offer protection of each party`s intellectual property.
one. The supplier appears to want to minimize its potential liability for the transfer and authorization of the use of its unique biological materials. Similarly, the recipient does not want full exposure to the risks that should belong to the offeror, for example. B, the risks associated with the hazardous or toxic properties of the original materials, unless these risks are obvious or the recipient has been properly warned. Research materials requiring MMAs include, among others, cell lines, crops, transgenic animals and drugs, but not only. Avoiding scope requirements: problems arise when institutions try to over-subordinate their interests in an invention with scope requirements . These concepts pose a problem not only with regard to intellectual property policy, but also from a negotiating point of view and may delay the implementation of a final agreement. These conditions are almost impossible to impose and therefore have only a limited advantage. An anti-scope policy should apply to all MTAs – research institutes should be very careful with terms that are usually attached to research materials shared by industry.
Similarly, institutions should not be tempted to introduce decision-making arrangements in ODA, even if they are only trying to promote access to research instruments. While it is common in all forms of licensing agreements with industry to retain materials rights for further research, it is difficult to emphasize an expanded set of research rights with derivative materials. Indeed, such a provision of the initial MTA for the allocation of European resources within IKMC was considered extremely problematic for international partners . Systemic problems arise with respect to the filing of MTA or MTAs that share a resource with members of a consortium, which must be imposed by the host institute on behalf of the original institute.