Texas State University OSP: Material Transfer Agreements
We at Texas State University – San Marcos are committed to excellence in undergraduate, graduate, and continuing education, through the preservation and transmission of knowledge, as well as the generation of knowledge through research, scholarship, and creative expression. The following procedure contributes to the implementation of this policy.
The transfer of materials between scientists is an important part of academic and scientific cooperation. To ensure that the appropriate measures are taken to protect the intellectual property of the University and its faculty, maintain confidentiality where appropriate, and to minimize risk to the University and its faculty and staff, it is necessary to implement this policy.
BACKGROUND
Scientists may wish to exchange a variety of materials between labs and other entities including but not limited to:
• Plant, human, or animal-derived biological samples
• Materials samples
• Research animals
• Research tools
• Viruses and bacterial cultures
The purpose of these exchanges may be to further a line of research questioning, enhance scientific collaboration, confirm research findings or to provide materials for testing and commercialization.
Texas State University faculty and staff may engage in such transfers with other public and private universities, non-profit organizations and commercial entities.
In engaging in such transfers, it is important to ensure the following:
The consistent use of a standardized Materials Transfer Agreement by university faculty and staff ensures the following:
• Health and safety standards have been followed
• Intellectual property has been adequately protected
• Risk to the university is minimized
• Confidentiality is maintained where appropriate
• Costs of processing and shipping needs are addressed
• The university maintains accurate records of all such transactions
• Export Control regulations have been followed
OVERVIEW
A Materials Transfer Agreement or MTA is an agreement between two entities exchanging tangible research materials. It is the responsibility of the Office of Sponsored Programs to review, negotiate, and execute all such agreements. Depending upon the material being transferred or received, other university compliance personnel may be involved with the review process including but not limited to:
• Environmental Health, Safety & Risk Management (EHS&RM)
• Institutional Review Board (IRB)
• Institutional Animal Care and Use Committee (IACUC)
• Intellectual Property Committee
• University Attorney
MTAs are needed for both incoming and outgoing materials. The agreements are put in place to ensure the protection of the university's and its faculty's interests.
PROCESS
OUTGOING MATERIALS
Under no circumstances should materials be transferred prior to the full execution of a MTA. Faculty and staff should contact OSP as far in advance as possible to any materials being transmitted to another entity. OSP will provide the necessary agreements and transmission forms and obtain needed signatures both from Texas State University and from the outside entity. The Compliance Specialist and the Contract and Intellectual Property Specialist will evaluate the items being transferred for any other needed actions. Agreements and forms will vary by material being transferred. Only the Associate Vice President for Research and the Director of the Office of Sponsored Programs have the authority to sign outgoing MTAs.
In some cases a contract between the University and the receiving entity may cover the transfer of materials. In this case, a separate MTA will not be required. All such contracts must be reviewed and signed per UPPS 03.04.02 and 03.04.04 covering contracts.
INCOMING MATERIALS
Outside entities may have their own MTAs. All such documents need to be forwarded to the Contract and IP Specialist for review and university-authorized signature. If the MTA contains clauses that conflict with existing agreements or conflict with university and/or state and federal policy, OSP will negotiate with the outside entity to resolve the situation. Upon successful negotiation, the document will be signed and returned to the donor. If the transferring entity does not have a standard MTA, OSP will provide the donor with our template and obtain the necessary signatures. The receiving party should contact OSP before requesting materials. Materials should not be accepted without an agreement.
Should negotiations fail; the material will not be accepted. If material has been shipped it will be returned to the Donor.
A MTA will not be required for standard purchase orders or catalogue supply orders unless:
• The catalogue company has an agreement as part of their terms of use. In this case a review of the terms is required.
• The materials in question involve any of the following:
1. Biological samples: plants, human or animal
2. Controlled Hazardous Materials
In some cases a contract between the University and the transferring entity may cover the transfer of materials. In this case, a separate MTA will not be required. All such contracts must be reviewed and signed per UPPS 03.04.02 and 03.04.04 covering contracts.
Faculty or departmental administrators do not have the authority to accept these agreements on behalf of the University. Accepting such agreements without an authorized University signature may result in the assumption of unnecessary personal liability.
* Some transfers may fall under Export Control Regulations. Please refer to the Interim Policy dated 06/20/06.