Materials Transfer Agreements (MTAs)

Part of CVIP’s responsibilities include review and signatory approval for Materials Transfer Agreements (MTAs) to ensure protection of the University's intellectual property, and to protect the institution against improper use of biological materials. Materials Transfer Agreements must be used whenever the University provides tangible materials to, or receives tangible materials from an outside source. CVIP manages and negotiates Materials Transfer Agreements between the University, other research institutions and commercial organizations to ensure that the research interests of the University and its researchers are protected. Key personnel from CVIP are the only authorized signatories who can execute MTAs on behalf of the University. A Materials Transfer Agreement is a legal contract that governs the transfer of materials to and from the University for research purposes. Materials may include cultures, cell lines, proteins, bacteria, transgenic animals, nucleotides, pharmaceuticals and other chemicals. Please contact the CVIP office at (413) 545-3606 or email at cvip@research.umass.edu when you need an MTA.

Why do we need MTAs?

MTAs are needed whenever transferring or receiving materials. Most universities and organizations require that an MTA be in place between the supplier and the recipient prior to releasing or receiving any materials. The University of Massachusetts is no exception. It is important that CVIP review all MTAs to ensure that the University does not agree to terms that may be in conflict with the requirements of sponsored research grants, fellowships, etc. Some of the important issues to be negotiated are intellectual property rights, indemnity clauses and publication rights. When the University is the supplier of materials, the MTA provides the following information:

• Defines what material is being provided to the recipient;
• Defines how the material will be used and disposed of by the recipient;
• Defines ownership of the material provided to the recipient;
• Assigns intellectual property rights jointly to the University and the recipient on modified materials;
• Assigns intellectual property rights to the recipient for new substances and uses;
• Grants the recipient first option to obtain an exclusive worldwide license from the University on modified materials, substances, or developments;
• Protects the University and the researcher from litigation arising from the use, storage or disposal of the materials. An MTA is important when you are supplying materials to an outside researcher because the MTA protects the supplier of materials by restricting use of the materials to academic research. It can also prevent commercial exploitation of your material, control release of the materials to a third party, and ensure you are appropriately acknowledged in publications.

When the University of Massachusetts is the recipient of materials, the MTA provides the following information:

• Defines what material is being received
• Defines how the material will be used and disposed of
• Defines ownership of the material received
• Grants the supplier first option to obtain an exclusive worldwide license from the University on modified materials, substances, or developments
• Protects the supplier from litigation arising from the use, storage or disposal of the materials

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