The "Materials Transfer in Academia" brochure, published by the Council on Governmental Relations (COGR) in September 2003, provides an in-depth overview of the legal, administrative, and ethical considerations involved when transferring research materials between academic institutions and other entities, particularly industry. It emphasizes that while the transfer of commonplace, nonproprietary materials often occurs informally, the exchange of unique or proprietary materials typically requires a formal Materials Transfer Agreement (MTA). The brochure outlines why MTAs are important, highlighting issues such as the protection of proprietary interests, limitations on liability, regulation compliance, and the safeguarding of academic freedom and intellectual property rights. Particular attention is paid to the differing priorities of academia—focused on open dissemination of knowledge—and industry, which seeks to maintain control over valuable materials and resulting inventions. The document discusses problematic MTA terms, such as restrictions on publication and ownership rights, reach-through provisions, and indemnification clauses, and advises universities to negotiate terms that are consistent with their missions and legal obligations, especially in relation to federal funding and the Bayh-Dole Act.
The text further explores the practicalities and challenges of material transfers, including standardization efforts like the Uniform Biological Material Transfer Agreement (UBMTA), the need for proper institutional authorization, and compliance with evolving regulations around sensitive materials, human embryonic stem cells, and hazardous biological agents. It also underscores the importance of the NIH’s Principles and Guidelines on sharing research tools to ensure access and minimal encumbrances, especially for NIH-funded research. The brochure provides guidance on mitigating conflicts, protecting institutional interests, and ensuring that MTAs do not inadvertently hinder scientific progress, collaboration, or compliance with legal and ethical standards. By addressing twenty critical questions, the brochure serves as a resource for administrators and researchers to navigate the complexities of material transfers in the research environment, promoting informed decision-making and the responsible management of research assets.
