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Biological Material Transfer Agreement Template for England and Wales

A Biological Material Transfer Agreement (MTA) under English and Welsh law is a legally binding contract that governs the transfer of biological materials between organizations for research purposes. It establishes the terms and conditions for the use of materials, including intellectual property rights, confidentiality obligations, and safety requirements. The agreement ensures compliance with UK regulations, including the Human Tissue Act 2004 and relevant environmental protection legislation, while protecting both the provider's and recipient's interests.

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What is a Biological Material Transfer Agreement?

A Biological Material Transfer Agreement is essential when transferring biological materials between organizations for research or commercial purposes. This agreement, governed by English and Welsh law, establishes clear guidelines for material handling, usage restrictions, and intellectual property rights. It ensures compliance with relevant UK legislation, including biosafety regulations and data protection requirements. The document is particularly crucial for maintaining proper documentation of material transfers, protecting proprietary rights, and ensuring responsible research practices in accordance with international standards and local regulations.

What sections should be included in a Biological Material Transfer Agreement?

1. Parties: Identification of the provider and recipient institutions

2. Background: Context of the transfer and research purpose

3. Definitions: Key terms used in the agreement including Material, Derivatives, and Research Purpose

4. Material Description: Detailed description of biological materials being transferred

5. Use Restrictions: Permitted and prohibited uses of the material

6. Confidentiality: Handling of confidential information

7. Intellectual Property: Rights and ownership of materials and derivatives

What sections are optional to include in a Biological Material Transfer Agreement?

1. Cost Recovery: Payment terms for material preparation and shipping, used when costs are involved

2. Publication Rights: Terms for publishing research results, included for academic transfers

3. Commercial Use: Additional terms for commercial applications, included if commercial use is permitted

4. Benefit Sharing: Terms for sharing benefits from material use, required for Nagoya Protocol materials

What schedules should be included in a Biological Material Transfer Agreement?

1. Material Description Schedule: Detailed technical specifications of materials

2. Handling Protocols: Specific protocols for material handling and storage

3. Transport Requirements: Shipping and packaging requirements

4. Research Plan: Detailed description of intended research use

5. Regulatory Approvals: Copies of relevant permits and approvals

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Research Agreement

Cost

Free to use

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