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Material Transfer Agreement Template for Indonesia

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Material Transfer Agreement

I need a Material Transfer Agreement for the transfer of biological materials between two research institutions, ensuring compliance with local regulations, specifying the permitted use of the materials for non-commercial research purposes only, and including provisions for intellectual property rights and confidentiality.

What is a Material Transfer Agreement?

A Material Transfer Agreement sets clear rules when organizations share biological materials, research samples, or proprietary compounds in Indonesia. It's a crucial contract that spells out how the receiving party can use these materials, especially for sensitive items like cell lines, genetic resources, or traditional medicine ingredients.

Under Indonesian law, these agreements help protect intellectual property rights and ensure compliance with the Nagoya Protocol on biodiversity. They specify key details like storage requirements, research limitations, and rules about sharing results - particularly important when working with Indonesia's rich biological resources or when collaborating with international research partners.

When should you use a Material Transfer Agreement?

Use a Material Transfer Agreement before sending or receiving any valuable research materials in Indonesia - especially biological samples, genetic resources, or proprietary compounds. This protection becomes essential when sharing materials with universities, research institutes, or commercial partners for testing, analysis, or development purposes.

The agreement proves particularly important when dealing with Indonesia's protected biodiversity, traditional knowledge resources, or materials that could lead to commercial products. It's required for international collaborations involving Indonesian biological materials and helps prevent disputes over ownership, usage rights, and benefit-sharing from research outcomes.

What are the different types of Material Transfer Agreement?

Who should typically use a Material Transfer Agreement?

  • Research Institutions: Universities and government labs that develop and share research materials, often initiating Material Transfer Agreements for collaborative projects
  • Biotechnology Companies: Private firms exchanging biological materials, cell lines, or compounds for R&D or commercial development
  • Legal Departments: In-house counsel or external lawyers who draft and review agreements to ensure compliance with Indonesian regulations
  • Research Scientists: Principal investigators responsible for managing transferred materials and following usage restrictions
  • Regulatory Officers: Officials who ensure compliance with biodiversity laws and monitor material transfers, especially for international exchanges

How do you write a Material Transfer Agreement?

  • Material Details: Document the exact nature, quantity, and specifications of materials being transferred, including any special handling requirements
  • Usage Terms: Define specific permitted uses, research limitations, and any restrictions on sharing or commercialization
  • Party Information: Gather complete details of both sender and recipient organizations, including authorized signatories and technical contacts
  • Compliance Check: Review Indonesian biodiversity laws and transfer regulations, especially for biological materials or traditional knowledge
  • Documentation: Prepare transfer protocols, safety data sheets, and required permits before finalizing the agreement
  • Platform Assistance: Use our automated system to generate a legally-compliant draft that includes all mandatory elements under Indonesian law

What should be included in a Material Transfer Agreement?

  • Identification Section: Complete details of transferring and receiving parties, including registration numbers and authorized representatives
  • Material Description: Precise technical specifications of transferred materials, including quantity, quality, and handling requirements
  • Usage Rights: Clear scope of permitted uses, research limitations, and any commercialization restrictions under Indonesian law
  • Benefit Sharing: Terms for sharing research results and potential commercial benefits, especially for biodiversity-related transfers
  • Confidentiality Terms: Provisions protecting proprietary information and research data
  • Duration and Termination: Clear timeline, renewal options, and conditions for agreement termination
  • Dispute Resolution: Indonesian jurisdiction clause and preferred method of conflict resolution

What's the difference between a Material Transfer Agreement and a Technology Transfer Agreement?

A Material Transfer Agreement differs significantly from a Technology Transfer Agreement in several key aspects. While both involve transferring valuable assets between parties in Indonesia, their scope and applications are quite different.

  • Subject Matter: Material Transfer Agreements focus on physical research materials, biological samples, or compounds, while Technology Transfer Agreements cover intellectual property, technical know-how, and manufacturing processes
  • Duration: Material transfers typically involve one-time exchanges with specific research timelines, whereas technology transfers often establish longer-term licensing relationships
  • Usage Rights: Material transfers usually restrict usage to specific research purposes, while technology transfers generally grant broader commercial exploitation rights
  • Regulatory Framework: Material transfers must comply with Indonesian biodiversity and research regulations, while technology transfers focus more on intellectual property and industrial laws

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