Material Transfer Agreement Template for United States

A Material Transfer Agreement protects organizations when they share valuable research materials, samples, or biological resources with other institutions. It's essentially a contract that spells out how the receiving party can use these materials and what happens to any discoveries made with them.

Under Philippine technology transfer laws, these agreements help research institutions, universities, and companies maintain control over their intellectual property while enabling scientific collaboration. They cover key details like permitted uses, confidentiality rules, publication rights, and how to handle any commercial benefits from the research. Filipino institutions commonly use MTAs when sharing genetic resources, cell lines, or specialized equipment.

Use a Material Transfer Agreement anytime your organization shares valuable research materials, biological samples, or proprietary compounds with outside parties. This is especially important for Philippine research institutions and universities exchanging genetic resources, cell lines, or specialized equipment with international collaborators.

The agreement becomes essential when the materials have commercial potential or involve significant intellectual property rights. For example, Filipino biotech companies need MTAs when providing novel compounds to testing facilities, or when academic institutions share locally-developed research tools. It's particularly crucial when dealing with indigenous biological resources protected under Philippine biodiversity laws.

• Commercial MTAs: Used by Philippine biotech companies and research institutions when materials have market potential, requiring detailed terms about commercialization rights
• Academic MTAs: Simpler agreements for non-commercial research exchanges between universities, focusing on publication rights and academic use
• Government MTAs: Special versions for transfers involving state institutions or publicly funded research, incorporating specific public interest provisions
• Biodiversity MTAs: Tailored for exchanges of indigenous biological materials, addressing benefit-sharing requirements under Philippine biodiversity laws
• International MTAs: Enhanced agreements for cross-border transfers, with additional provisions for export compliance and jurisdictional issues

• Research Institutions: Usually the providers of materials, including universities and government labs that develop and share research resources
• Corporate R&D Departments: Often recipients of materials, using them for product development or testing under strict usage terms
• Legal Departments: Draft and review Material Transfer Agreements to protect intellectual property rights and ensure compliance
• Technology Transfer Officers: Manage the transfer process and negotiate agreement terms on behalf of their institutions
• Research Scientists: End users who work directly with the materials and must follow the agreement's usage restrictions

• Material Details: Document exact specifications, quantity, and unique properties of materials being transferred
• Usage Terms: Define permitted research purposes, restrictions, and any limits on commercial applications
• Party Information: Gather complete details of both provider and recipient institutions, including authorized signatories
• IP Rights: Clarify ownership of original materials and any discoveries made using them
• Compliance Check: Review Philippine biodiversity laws and research regulations that might affect the transfer
• Documentation: Prepare material handling protocols, shipping requirements, and safety guidelines

• Material Description: Detailed specifications of transferred materials, including quantity and form
• Purpose Statement: Clear outline of authorized uses and research objectives under Philippine law
• Ownership Rights: Declaration of original material ownership and rights to derived research findings
• Usage Restrictions: Specific limitations on material use, transfer, and commercialization
• Confidentiality Terms: Rules for handling sensitive information and research data
• Return Provisions: Requirements for unused material disposal or return
• Liability Clauses: Risk allocation and indemnification terms between parties
• Governing Law: Explicit reference to Philippine jurisdiction and applicable regulations

A Material Transfer Agreement differs significantly from a Data Transfer Agreement in how they handle different types of valuable assets. While both protect intellectual property rights under Philippine law, they serve distinct purposes and carry different compliance requirements.

• Subject Matter: MTAs deal with physical materials like biological samples or research compounds, while Data Transfer Agreements handle digital or electronic information
• Handling Requirements: MTAs include specific storage, safety, and disposal protocols for physical materials; DTAs focus on data security, encryption, and privacy measures
• Regulatory Framework: MTAs must comply with Philippine biodiversity and research material transfer laws; DTAs primarily address data privacy and protection regulations
• Duration and Return: MTAs typically specify what happens to unused physical materials after research ends; DTAs focus on data deletion or retention policies
• Risk Management: MTAs address physical safety and contamination risks; DTAs concentrate on cybersecurity and data breach prevention