Materials Transfer Agreement Template for Malaysia

A Materials Transfer Agreement lets organizations legally share research materials, samples, or biological resources while protecting everyone's rights and interests. In Malaysia, these agreements are especially important for universities, research institutions, and biotech companies working with valuable materials like cell lines, genetic resources, or novel compounds.

The agreement spells out how recipients can use the materials, any restrictions on research, ownership of results, and confidentiality requirements. It also ensures compliance with Malaysian laws on biodiversity and genetic resources, including the Access to Biological Resources and Benefit Sharing Act 2017. Many local institutions use these agreements to support collaborative research while safeguarding their intellectual property.

Use a Materials Transfer Agreement anytime your organization shares valuable research materials, biological samples, or proprietary compounds with external partners. This is especially crucial for Malaysian research institutions sending cell lines to collaborators, biotech firms exchanging novel compounds, or universities sharing genetic materials with international partners.

The agreement becomes essential when your materials have commercial potential or took significant resources to develop. It protects your intellectual property rights under Malaysian law, establishes clear usage boundaries, and ensures proper attribution for discoveries. Many Malaysian institutions require these agreements before transferring any research materials across organizational boundaries, particularly when dealing with biodiversity resources.

• Simple Research MTA: Used by universities and research institutions for basic material exchanges with minimal commercial potential, focusing on academic collaboration and publication rights
• Commercial MTA: Contains detailed IP provisions and profit-sharing terms, commonly used by biotech companies and industrial research labs in Malaysia
• Biodiversity MTA: Specifically designed to comply with Malaysian biodiversity laws, including benefit-sharing requirements for genetic resources and traditional knowledge
• Multi-Party MTA: Structured for complex collaborations involving multiple Malaysian and international institutions sharing materials
• Restricted Use MTA: Features strict controls on material usage, typically for sensitive or potentially dangerous materials requiring special handling

• Research Institutions: Universities and public research centers that transfer valuable materials like cell lines or genetic samples to collaborators
• Biotech Companies: Private sector firms exchanging proprietary compounds, developing new products, or conducting joint research projects
• Legal Departments: In-house lawyers who draft and review Materials Transfer Agreements to protect intellectual property rights
• Research Scientists: Principal investigators who specify technical requirements and usage conditions for materials
• Compliance Officers: Professionals ensuring agreements follow Malaysian biodiversity laws and institutional policies

• Material Details: Document exact specifications, quantities, and any special handling requirements for the materials being transferred
• Usage Terms: Define permitted research purposes, restrictions, and duration of use clearly in line with Malaysian research regulations
• Party Information: Gather complete details of all institutions involved, including authorized signatories and technical contacts
• IP Rights: Clarify ownership of original materials, derivatives, and research results
• Compliance Check: Review biodiversity laws and institutional policies before finalizing
• Risk Assessment: Consider potential liability issues and add appropriate disclaimers or indemnification clauses

• Material Description: Detailed specifications of transferred materials, including quantity and form
• Purpose Statement: Clear definition of permitted uses and research scope under Malaysian law
• Transfer Terms: Conditions for material handling, storage, and any restrictions on distribution
• IP Rights: Ownership declarations for original materials and derivatives
• Confidentiality: Terms protecting sensitive information and research data
• Biodiversity Compliance: Specific provisions meeting Access and Benefit Sharing requirements
• Liability Clauses: Risk allocation and indemnification terms between parties
• Termination Rights: Conditions for ending the agreement and returning materials

A Materials Transfer Agreement differs significantly from a Technology Transfer Agreement in several key aspects, though both deal with transferring valuable assets between organizations in Malaysia. While Materials Transfer Agreements focus on physical research materials like biological samples or compounds, Technology Transfer Agreements cover broader intellectual property rights and technical knowledge.

• Scope of Transfer: Materials Transfer Agreements specifically govern tangible research materials, while Technology Transfer Agreements cover patents, know-how, and technical processes
• Duration: Materials transfers typically have shorter terms tied to specific research projects, while technology transfers often involve long-term licensing arrangements
• Rights Granted: Materials agreements usually limit usage to specific research purposes, while technology transfers grant broader commercial exploitation rights
• Compliance Requirements: Materials transfers must meet strict biodiversity and biosafety regulations in Malaysia, while technology transfers focus more on IP protection and commercialization rules