Material transfer agreement template

Streamline your material exchange processes with this free MTA template, designed to facilitate the smooth transfer of materials between entities while protecting your interests and intellectual property.

Material Transfer Agreements (MTAs) are pivotal for organizations that handle the exchange of tangible research materials. 

If you're involved in research and development, chances are you've encountered an MTA. These contracts are necessary for defining the terms under which materials can be shared and used. But what exactly are MTAs, who needs them, and how can you create one? Let’s dive in.

What is a material transfer agreement (MTA)?

An MTA is a contract that governs the transfer of tangible research materials between two organizations, typically for research or development purposes.

It outlines the rights of the provider and the recipient concerning the materials and any derivatives.

Organizations use MTAs to ensure that the materials provided are used only in the manner agreed upon and to protect any intellectual property rights associated with the materials. 

They are essential in fields such as biotechnology, pharmaceuticals, and academic research.

Types of material transfer agreements

There are generally two types of MTAs:

1. Outgoing MTAs. When your organization provides materials to another entity.
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2. Incoming MTAs. When your organization receives materials from another entity.

Each type serves to protect the respective interests of the provider and the recipient.

When should you use a material transfer agreement?

MTAs are used in various scenarios, including:

• Collaborative research. When sharing materials for joint research projects.
  
  
• Academic purposes. When universities exchange materials for educational research.
  
  
• Commercial R&D. When companies send or receive materials for product development.
  
  
• Scientific advancement. When materials are shared to further scientific knowledge without immediate commercial application.

Who creates MTAs?

MTAs are typically drafted by legal teams within research institutions, universities, or companies. They require a nuanced understanding of intellectual property law, liability, and the specific needs of the parties involved.

Key elements of a material transfer agreement

A well-structured MTA should include:

• Identification of the material. Clearly describe the material being transferred.
  
  
• Purpose of the transfer. Specify the research or use for which the material is provided.
  
  
• Rights and obligations. Outline the rights to use the material, any limitations, and obligations like reporting or publication requirements.
  
  
• Intellectual property. Address ownership of the material, derivatives, and any resulting inventions or patents.
  
  
• Confidentiality. Include provisions to protect proprietary information.
  
  
• Liability and warranties. Define the extent of liability and any warranties provided by the material provider.
  
  
• Term and termination. State the duration of the agreement and terms for termination.
  
  
• Compliance with laws. Ensure all parties comply with relevant laws and regulations.

Is a material transfer agreement legally binding?

Yes, MTAs are legally enforceable contracts, provided they are properly drafted and executed. They must clearly outline the terms of the transfer and use of the material to be effective.

Creating a material transfer agreement

Crafting an MTA can be complex due to the specific nature of the materials and the associated intellectual property rights. Here’s a step-by-step guide:

• Define the material and purpose. Start by clearly defining the material and the scope of its intended use.
  
  
• Address intellectual property rights. Ensure the agreement protects your IP and outlines the rights of each party.
  
  
• Draft the agreement. Include all necessary clauses, such as confidentiality, liability, and compliance with laws.
  
  
• Review and negotiate. Both parties should review the MTA and negotiate any terms before finalizing.
  
  
• Execute the agreement. Obtain signatures from authorized representatives of both parties.

Managing MTAs manually vs. automation

Manual management of MTAs can be cumbersome and prone to errors. Automating the process with a platform like Juro can save time, reduce errors, and streamline the transfer process.

Benefits of Automating Your MTA Workflow

• Efficiency. Quickly generate MTAs from templates.
  
  
• Control. Maintain oversight of the terms and conditions.
  
  
• Compliance. Ensure all MTAs comply with relevant laws and regulations.
  
  
• Visibility. Keep track of all MTAs in a centralized system.

FAQs about material transfer agreements

Can MTAs cover the transfer of software or data?

• Typically, MTAs are used for tangible materials, but they can be adapted to include data or software under certain conditions.

What happens if the terms of an MTA are breached?

• Breaches can result in legal action, and the agreement should specify remedies for such situations.

Are MTAs used internationally?

• Yes, MTAs can be used for international transfers, but they must consider the laws of both jurisdictions.

How long do MTAs last?

• The term depends on the agreement but can range from the duration of the research project to several years.

Automate MTAs with Juro

If managing MTAs is becoming a bottleneck, consider automating the process with a platform like Juro. It can help you create, manage, and track MTAs efficiently, freeing up time for more strategic tasks.

Ready to streamline your MTA process? Book a demo with Juro today.