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Material Transfer Agreement

Material Transfer Agreement Template for Philippines

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Key Requirements PROMPT example:

Material Transfer Agreement

"I need a Material Transfer Agreement for transferring proprietary cell lines from our pharmaceutical company in Manila to a research university in Cebu for a 6-month research collaboration starting March 2025, with strict confidentiality requirements and publication restrictions."

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Document background
Material Transfer Agreements (MTAs) are essential legal instruments in the Philippines for controlling the transfer of valuable research materials between organizations. These agreements are particularly crucial when dealing with biological materials, chemical compounds, cell lines, or other proprietary materials that require careful handling and usage restrictions. The document must comply with Philippine regulations, including the Intellectual Property Code (RA 8293) and bio-prospecting regulations (EO 247). MTAs are commonly used in research collaborations, academic-industry partnerships, and international research projects. They specify ownership rights, permitted uses, confidentiality obligations, and publication rights while incorporating specific Philippine legal requirements regarding technology transfer and genetic resource protection. The agreement helps prevent unauthorized use or commercialization of materials while promoting scientific collaboration within legal boundaries.
Suggested Sections

1. Parties: Identification and details of the Provider and Recipient organizations, including their legal representatives

2. Background: Context of the agreement, relationship between parties, and purpose of the material transfer

3. Definitions: Detailed definitions of key terms used in the agreement, including 'Material', 'Modifications', 'Commercial Purposes', etc.

4. Material Transfer Terms: Specific details about the materials being transferred, including quantity, quality, and transfer procedures

5. Permitted Use: Clearly defined scope of how the recipient may use the material, including research purposes and restrictions

6. Confidentiality: Obligations regarding confidential information related to the materials and research

7. Intellectual Property Rights: Rights and restrictions regarding IP, including ownership of original material and derivatives

8. Publication Rights: Terms governing the publication of research results using the materials

9. Term and Termination: Duration of the agreement and conditions for termination

10. Return or Destruction of Materials: Requirements for material handling upon completion or termination

11. Warranties and Liability: Disclaimers, limitations of liability, and warranties regarding the material

12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

Optional Sections

1. Commercial Use Provisions: Additional terms if commercial use might be contemplated in the future

2. Transport and Safety Requirements: Specific requirements for material transport and handling, particularly for hazardous materials

3. Cost and Payment Terms: Include when there are costs associated with the material transfer or processing

4. Third Party Transfer Rights: Terms governing if and how materials can be transferred to third parties

5. Export Control Compliance: Required for international transfers or materials subject to export controls

6. Insurance Requirements: Specific insurance obligations, particularly for hazardous or valuable materials

7. Material Modification Rights: Terms governing the creation and ownership of modified materials

8. Reporting Requirements: Specific reporting obligations regarding the use of materials

Suggested Schedules

1. Schedule A - Material Description: Detailed technical description of the materials being transferred, including specifications and quantities

2. Schedule B - Transfer Protocols: Specific procedures for packaging, shipping, and handling of the materials

3. Schedule C - Research Plan: Outline of the intended research activities using the materials

4. Schedule D - Safety Data Sheets: Safety information and handling requirements for the materials

5. Schedule E - Fee Schedule: Breakdown of any costs associated with the transfer, if applicable

6. Appendix 1 - Contact Information: Detailed contact information for key personnel involved in the transfer

7. Appendix 2 - Required Permits: Copies of any required permits or regulatory approvals

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Material
Original Material
Progeny
Unmodified Derivatives
Modifications
Commercial Purpose
Research Purpose
Confidential Information
Provider
Recipient
Principal Investigator
Intellectual Property Rights
Research Results
Derivative Material
Field of Use
Effective Date
Materials Data Sheet
Transfer Territory
Authorized Users
Research Project
Background IP
Foreground IP
Commercial Products
Non-Commercial Purpose
Publication
Improvements
Transfer Fee
Biological Material
Genetic Material
Associated Data
Technical Information
Contamination
Safety Requirements
Shipping Requirements
Third Party
Affiliate
Permitted Purpose
Force Majeure
Regulatory Requirements
Documentation
Clauses
Definitions
Scope of Transfer
Material Description
Transfer Terms
Permitted Use
Use Restrictions
Intellectual Property Rights
Confidentiality
Publication Rights
Safety Requirements
Transport and Handling
Storage Requirements
Research License
Commercial Use Restrictions
Third Party Transfer
Warranties
Liability
Indemnification
Insurance
Term and Termination
Material Return or Destruction
Record Keeping
Reporting Requirements
Export Control
Regulatory Compliance
Force Majeure
Assignment
Dispute Resolution
Governing Law
Entire Agreement
Amendments
Notices
Costs and Payments
Representations
Relevant Industries

Biotechnology

Pharmaceuticals

Healthcare

Agriculture

Research & Development

Education

Life Sciences

Chemical Industry

Environmental Science

Medical Devices

Relevant Teams

Legal

Research & Development

Regulatory Affairs

Compliance

Laboratory Operations

Technology Transfer

Quality Assurance

Scientific Affairs

Contract Administration

Intellectual Property

Relevant Roles

Research Director

Legal Counsel

Laboratory Manager

Principal Investigator

Technology Transfer Officer

Compliance Officer

Research Scientist

Intellectual Property Manager

Quality Assurance Manager

Research Administrator

Regulatory Affairs Manager

Bio-safety Officer

Project Manager

Contract Manager

Scientific Director

Industries
Republic Act No. 8293 (Intellectual Property Code of the Philippines): Governs intellectual property rights, including protection of proprietary materials and associated IP rights in material transfers
Executive Order No. 247: Regulates bio-prospecting and provides guidelines for access to biological and genetic resources in the Philippines
Republic Act No. 7586 (National Integrated Protected Areas System Act): Relevant when transferred materials originate from protected areas or involve protected species
Republic Act No. 9147 (Wildlife Resources Conservation and Protection Act): Governs the collection, possession, and transport of wildlife, their by-products and derivatives
Republic Act No. 7394 (Consumer Act of the Philippines): Provides consumer protection provisions relevant to material quality and safety standards
Republic Act No. 386 (Civil Code of the Philippines): Provides the basic framework for contracts and agreements, including provisions on obligations and contracts
Joint DENR-DA-PCSD-NCIP Administrative Order No. 1: Guidelines on bioprospecting in the Philippines, including access to biological and genetic resources
Republic Act No. 10055 (Technology Transfer Act): Provides framework for technology transfer and commercialization of intellectual property and materials developed through government funding
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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