A Material Transfer Agreement (MTA) is a legal document that governs the transfer of research materials between two institutions, typically academic or research-based. This agreement helps to protect the intellectual property rights of the transferring institution while allowing the receiving institution to use the materials for research purposes.
If you’re tasked with creating an MTA, it can be overwhelming to know where to start. Fortunately, there are templates available to help you structure your agreement.
A material transfer agreement form template typically includes the following sections:
1. Introduction
This section introduces the agreement and the parties involved. It typically includes the names of the transferring and receiving institutions, as well as the purpose of the transfer.
2. Materials
This section describes the materials being transferred, including any relevant details such as quantity, form, and specifications.
3. Intellectual Property Rights
The intellectual property rights section outlines the ownership and use of any intellectual property related to the materials. This can include patents, copyrights, trademarks, and trade secrets.
4. Restrictions
This section outlines any restrictions on the use of the materials, such as limitations on further distribution or commercial use.
5. Warranties and Representations
This section includes the warranties and representations made by the transferring institution regarding the materials, such as the accuracy of any information provided and the absence of any known hazards.
6. Indemnification and Liability
This section outlines the liability of the parties involved and includes provisions for indemnification in case of any claims or damages arising from the use of the materials.
7. Termination
This section specifies the conditions under which the agreement can be terminated, including breaches of the agreement or changes in circumstances.
8. Governing Law and Jurisdiction
The governing law and jurisdiction section specifies the laws and courts that will govern any disputes arising from the agreement.
9. Signatures
The agreement must be signed by representatives of both institutions to be valid.
Overall, a material transfer agreement form template provides a solid framework for creating an effective transfer agreement that protects the interests of both institutions. However, it’s important to note that templates should be customized to fit the specific needs and circumstances of each transfer.