MTA Information: FAQ
1. What is a Material Transfer Agreement (MTA)?
A Material Transfer Agreement (MTA) is a legal contract that establishes the terms and conditions of the transfer of tangible research property between the owner and the recipient. An MTA protects the rights of CU and its investigators, and records the terms of the transfer.
2. What is a UBMTA?
UBMTA stands for Uniform Biological Material Transfer Agreement. On March 8, 1995, the National Institutes of Health — on behalf of the Public Health Service and the Centers for Disease Control — published the final version of the Uniform Biological Material Transfer Agreement (UBMTA) and a Simple Letter Agreement for the Transfer of Non-Proprietary Biological Material. For institutions that have signed the UBMTA Master Agreement, materials can be transferred under the terms of the UBMTA upon execution of an Implementing Letter for the particular transfer. CU is a UBMTA signatory. The TTO tries to use the UBMTA as often as possible, because the terms of the UBMTA are universally known and accepted by all signatories. This prevents time-consuming negotiations over MTA terms and conditions.
3. Why do I need an MTA?
Under the Regents Policy for Intellectual Property, “…university researchers shall disclose and discuss the terms of transfer of research materials with a campus Sponsored Program Office or the Technology Transfer Office before accepting or distributing tangible research property.”
4. What is tangible research property?
Tangible research property means a tangible physical or biological entity that is, or may be, useful in research. Examples include models, devices, designs, computer software, storage media containing machine instructions, text, cell lines, antibodies, recombinant materials, chemical compounds and compositions, formulations, plant varieties, laboratory notebooks and records related to discoveries. Some tangible research property may comprise University intellectual property.
5. How much can I charge for sending out my materials?
Tangible research property transfer agreements may provide for recovery of costs of the tangible research property to be delivered. As a general rule, five thousand dollars ($5,000) is the upper limit allowable for recovery of tangible research property costs. Recoverable costs are those direct costs necessary to prepare and ship the materials. According to this general rule, transfer of tangible research property involving remuneration in excess of five thousand dollars ($5,000) will be treated as a license agreement and the remuneration will be considered as royalty and subject to the Regents Policy for sharing license royalty income.
6. Who is required to sign an MTA on behalf of the university and what type of signatures (electronic or ink) are acceptable?
- The delegated authority for signing a material transfer agreement is within the Technology Transfer Office. Researchers receiving tangible research materials shall sign the MTA acknowledging the terms of the agreement. The authorized official within the TTO who signs for all MTAs is:
David N. Allen, PhD
Associate VP for Technology Transfer
4740 Walnut St., Ste. 100
Boulder, CO 80309
* Please note that Principal Investigators and department chairs do not have authority to sign MTAs on behalf of the University.
- The TTO prefers to exchange electronic signatures in pdf via email or via fax to simplify and expedite the MTA process. Some institutions still require original ink signatures which we are happy to accommodate.
7. What is the process for submitting MTAs associated with orders from online repositories (e.g. tissues, cell line, and animal repositories)?
When ordering materials through an online repository, the repository may require an authorized official to approve an MTA associated with the materials order. The contact information that you should provide the repository for approval is:
David N. Allen
Associate VP for Technology Transfer
4740 Walnut St., Ste. 100
Boulder, CO 80309
david.allen@cu.edu
|
Faculty/Staff/Student Investigators
