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Material Transfer Agreements (MTA) guidance

MTAs are required for the transfer of materials and data between Ïã¸ÛÁùºÏ²Ê and another party, such as a university or private company. This page sets out the policy, procedure, and guidance for MTAs at Ïã¸ÛÁùºÏ²Ê.

    What is a Material Transfer Agreement (MTA)?


    MTAs are legal contracts that set out the terms and conditions of the transfer and use of materials and/or data between the owner or provider and a recipient. Material transfer agreements (MTAs) protect Ïã¸ÛÁùºÏ²Ê and the Ïã¸ÛÁùºÏ²Ê researcher by recording the transfer of materials and/or data.

    MTAs also set out any relevant legislative and regulatory requirements which the recipient and provider must comply with. Ìý

    Importance of an MTA


    Commercial organisations, non-profit organisations and other academic institutions will only release materials if there is an MTA in place between the provider and the recipient.

    Benefits of an MTA


    An MTA offers important benefits to the provider and recipient. It can:

    • give them control over the distribution and use of the material
    • help them gain access to the results of the research, both for information purposes and for commercial exploitation.

    What do we mean by materials?


    The MTA policy covers agreements relating to the transfer of materials, data or both.

    Material Transfer Agreements

    MTAs are used for materials, including but not limited to:

    • Cultures
    • Cell lines
    • Plasmids
    • Nucleotides
    • Proteins
    • Bacteria
    • Transgenic animals
    • Pharmaceuticals
    • Other chemicals
    • Alloys
    • Other materials with scientific or commercial value

    An MTA can also cover data, where data is being received alongside the materials. This can include anonymised, pseudo anonymised or personal data.

    Data Transfer Agreements (DTA)

    A Data Transfer Agreement (DTA) is a type of MTA.ÌýA DTA is used where only data/data sets are being transferred. A DTA will be used for the transfer of anonymised data, pseudonymised or personal data.

    When do you need an MTA?Ìý


    An MTA is required by Ïã¸ÛÁùºÏ²Ê for all incoming and outgoing material transfers except when purchased on the open market.Ìý

    Incoming transfersÌýÌý

    Where Ïã¸ÛÁùºÏ²Ê is requesting a provider to supply it with materials, either with or withoutÌýpayingÌýa fee.Ìý

    Purchasing materials on theÌýopen marketÌý

    All material transfers are subject to Ïã¸ÛÁùºÏ²Ê’s MTA Policy. However, a separate contract is not required for purchases on the open market. These purchases will come with their own terms and conditions. It is important that these terms and conditions are carefully reviewed, as they will commit Ïã¸ÛÁùºÏ²Ê to certain legal obligations.

    Please make sure you refer to the usual Ïã¸ÛÁùºÏ²Ê Procurement policies and proceduresÌý(login required).Ìý

    Outgoing transfersÌýÌý

    An MTA is required by Ïã¸ÛÁùºÏ²Ê for any outgoing transfer of:ÌýÌý

    • Ïã¸ÛÁùºÏ²Ê-developed materialsÌýincluding thoseÌýlistedÌýaboveÌý
    • Ïã¸ÛÁùºÏ²Ê-developed materials that contain or incorporate components received from a third-partyÌý
    • Materials developed for or on behalf of Ïã¸ÛÁùºÏ²ÊÌýÌý
    • Human blood, tissue, and/or plasma harvested at Ïã¸ÛÁùºÏ²Ê or by Ïã¸ÛÁùºÏ²Ê researchers at third-party facilitiesÌý

    Who can sign an MTA?Ìý


    MTAsÌýcan only be signed byÌýan authorisedÌýÏã¸ÛÁùºÏ²ÊÌýsignatoryÌýin line with Ïã¸ÛÁùºÏ²Ê’s Delegated Authorities.

    TheÌýResearch and Innovation Services (RIS) teamÌýmakesÌýsureÌýthe terms and conditions of theÌýMTAÌýare suitable for the transfer of the materials.ÌýÌý

    AnyÌýunauthorised employee who executes an MTA may face disciplinaryÌýaction.Ìý

    How longÌýdoesÌýÏã¸ÛÁùºÏ²Ê take to complete an MTA?Ìý


    Most MTAs can be completed withinÌý90Ìýdays.ÌýHowever, the length of timeÌýdependsÌýon the responsiveness and negotiating stance of the recipient organisation.

    Additional negotiationÌýÌý

    If your MTA has any of the following considerations, this may require negotiation and increase the amount of time it takes to sign the agreement.Ìý

    • Commercial licensesÌýwhich will need Ïã¸ÛÁùºÏ²Ê Business'Ìýinput into the termsÌý
    • MTAs for "state-of-the-art" materialsÌýÌý
    • For-profit entitiesÌýÌý
    • Where Ïã¸ÛÁùºÏ²Ê is charging a fee or paying a fee for the materialsÌýÌý
    • Publication rightsÌýÌý
    • Intellectual property (IP) rightsÌýÌý
    • ±õ²Ô±¹±ð²Ô³Ù´Ç°ù²õ³ó¾±±èÌý
    • Governing lawÌý
    • °Â²¹°ù°ù²¹²Ô³Ù¾±±ð²õÌýÌý
    • ±õ²Ô»å±ð³¾²Ô¾±³Ù¾±±ð²õÌýÌý
    • IP clauses which include ownership of non-severable modifications and improvements to the materialsÌý
    • Revenue sharing of non-severable modifications and improvements to the materialsÌý

    Conflicts and disagreementÌý

    Should there be a conflict between the terms of the MTA and funding terms and conditions, Research and Innovation Services (RIS) will advise the Ïã¸ÛÁùºÏ²Ê researcher to request written approval from the funding body to deviate from the funding terms and conditions.ÌýÌý

    The Ïã¸ÛÁùºÏ²Ê researcher will need to create a new Worktribe contract request and include the above-written approval.ÌýÌý

    RISÌýwill then agree to a formal amendment to the funding terms and conditions to reflect the change.ÌýÌýÌý

    How to request an MTAÌýÌý


    If you require an MTA, the process begins with the completion of either the MTA or DTA Incoming/Outgoing form, to be included with the submission of a Worktribe contract request.

    Exceptions


    For ³¦±ô¾±²Ô¾±³¦²¹±ôÌý³Ù°ù¾±²¹±ô²õ/²õ³Ù³Ü»å¾±±ð²õÌý²Ñ°Õ´¡²õ,Ìýcontact the Ìýwho are responsible for negotiating,ÌýapprovingÌýand signing agreementsÌýrelating to clinicalÌýtrials/studies.Ìý

    For material transfers where Ïã¸ÛÁùºÏ²Ê is charging another party for a service, contact .

    ÌýTo use the Addgene service, you should request or deposit your materials in the usual way.

    The process for incoming and outgoing MTAs is the same:

    1. Once you have identified you require an MTA,Ìýinform yourÌýResearch Group Leader
    2. Read Ïã¸ÛÁùºÏ²Ê’s MTA policyÌý(Ïã¸ÛÁùºÏ²Ê login required)
    3. If you are requesting anÌýIncoming MTA or DTA, please complete theÌýIncoming MTA form.ÌýIf you are requesting an Outgoing MTA/DTA, please complete theÌýOutgoing MTA form.Ìý
    4. CompleteÌýaÌýData Protection Impact AssessmentÌý(DPIA),Ìýwhere the material includes or is forÌýpseudonymised or personal data
    5. Ensure you haveÌýappropriateÌýethical approval. Material transferÌý(including data transfers)ÌýcommonlyÌýrequiresÌýspecific ethical approvalÌýand assessment, includingÌýtransfer ofÌýHuman tissue ethicsÌýandÌýHuman tissue integrity,ÌýAnimal research at Ïã¸ÛÁùºÏ²Ê, andÌýBiological ServicesÌý
    6. Create a contract request inÌýWorktribeÌýand upload all relevant documentation and information related to the MTA.
      Where it is linked to a current project, ensure that theÌýWorktribeÌýcontract requestÌýisÌýlinked to the projectÌýinÌýÌý(see exceptions above)
    7. You will receive a notification from the contracts team once your MTA has been approved.Ìý
      Once the MTA is signed by the recipient and provider,Ìýyou mayÌýarrange the transfer ofÌýtheÌýmaterials.Ìý

    MTA process diagram

    MTA process diagram

    Please note


    • RememberÌýwhere applicableÌýto submit your DPIAÌýearlyÌýto reduce any delays.
    • If there are anyÌýhigh-riskÌýterms (see Section 3.3 of the MTA policy)Ìýyour requestÌýwillÌýbe escalated to your DeanÌýfor approval.ÌýÌý
    • Transfers must beÌýconsistent with regulatory requirementsÌýegÌýethical, import and export controls andÌýlegislation.ÌýÌý
    • It is your responsibility to ensure all approvals, ethics and other Ïã¸ÛÁùºÏ²Ê approvals (such as those related to animals) are in place prior to submitting aÌýWorktribe contract request for an MTA.Ìý
    • It is your responsibility to ensure that all costs, including transport/delivery costs, are covered by the project budget or that budget is available to cover these costs.Ìý

    Ìý