Materials Transfer Agreement Template for United States

A Materials Transfer Agreement sets the rules when organizations share biological materials, research compounds, or other valuable specimens in the Philippines. It's a contract that spells out how the receiving party can use these materials, protects the provider's intellectual property rights, and ensures proper handling of sensitive samples.

Common in Filipino research institutions and biotech companies, these agreements help track who owns what, limit commercial use without permission, and maintain compliance with local biosafety regulations. They're especially important for universities sharing research materials and companies developing new medical treatments under Philippine FDA oversight.

Use a Materials Transfer Agreement anytime your organization shares valuable research materials, biological samples, or proprietary compounds with other institutions in the Philippines. This becomes essential when transferring cell lines, genetic materials, or specialized chemicals to research partners, especially if they might lead to patentable discoveries.

The agreement proves particularly important for Filipino universities collaborating on medical research, biotech firms sharing novel compounds, and research institutions working with international partners. It's crucial when the materials have commercial potential or when dealing with substances regulated by Philippine biosafety laws and FDA guidelines.

• Basic Research MTA: Designed for academic institutions sharing non-commercial materials, with simpler terms focused on attribution and publication rights
• Commercial MTA: Used when materials have potential market value, including detailed IP rights and profit-sharing provisions
• Confidential MTA: Features enhanced security requirements for sensitive materials, common in pharmaceutical research
• Multi-Party MTA: Structured for collaborative projects involving multiple Filipino institutions sharing materials
• International MTA: Includes additional provisions for cross-border transfers, ensuring compliance with Philippine biosafety and customs regulations

• Research Institutions: Universities and laboratories that provide or receive materials, often leading the drafting process through their tech transfer offices
• Biotech Companies: Private firms sharing proprietary compounds or specimens, typically involving their legal and R&D teams
• Legal Counsel: In-house or external lawyers who review and customize the agreements to protect intellectual property rights
• Laboratory Directors: Key decision-makers who oversee material handling and ensure compliance with transfer terms
• Regulatory Officers: Specialists ensuring compliance with Philippine FDA and biosafety requirements

• Material Details: Document exact specifications, quantities, and handling requirements of all materials being transferred
• Purpose Declaration: Define specific research objectives and intended use of materials under Philippine regulations
• Rights Assessment: Identify existing patents, potential IP rights, and future commercialization possibilities
• Safety Compliance: Gather biosafety certificates and FDA permits required for material handling
• Party Information: Collect authorized signatories' details and institutional credentials from both sides
• Transfer Timeline: Establish clear dates for material delivery, usage period, and return or disposal requirements

• Material Description: Detailed specifications of transferred materials, including quantity and form
• Usage Terms: Clear limits on how materials can be used, modified, or distributed
• IP Rights: Ownership declarations and rules for discoveries made using the materials
• Safety Protocols: Required handling procedures under Philippine biosafety guidelines
• Confidentiality: Terms protecting sensitive information about the materials
• Liability Provisions: Risk allocation and indemnification between parties
• Duration and Termination: Timeline for material use and return/disposal requirements

A Materials Transfer Agreement differs significantly from a Technology Transfer Agreement, though both deal with sharing valuable assets between organizations in the Philippines. While they may seem similar at first, their scope and purpose are quite distinct.

• Scope of Transfer: MTAs focus specifically on physical research materials, specimens, or compounds, while Technology Transfer Agreements cover broader intellectual property rights, including patents, software, and technical know-how
• Duration: MTAs typically govern short-term transfers for specific research projects, while Technology Transfer Agreements often establish long-term licensing relationships
• Commercial Rights: MTAs usually restrict commercial use of materials, whereas Technology Transfer Agreements actively enable commercial exploitation
• Regulatory Requirements: MTAs must comply with Philippine biosafety and laboratory standards, while Technology Transfer Agreements focus more on IP laws and licensing regulations