The document "Materials Transfer in Academia," published by the Council on Governmental Relations (COGR) in September 2003, provides a comprehensive overview of issues and best practices associated with the transfer of research materials, particularly in the life sciences, between academic institutions and with commercial entities. It emphasizes the critical importance of materials transfer agreements (MTAs) in defining the legal terms, rights, and obligations associated with such exchanges. The brochure outlines circumstances necessitating MTAs, such as when materials are proprietary or hazardous, and highlights recurring issues from the university perspective, including constraints on academic freedom, restrictive ownership rights, inappropriate indemnification clauses, and conflicting contractual obligations.
The document also discusses the complexities in negotiating MTAs, especially between academia and industry, where the objectives often differ: industry seeks to protect proprietary interests, while academia prioritizes the dissemination of knowledge. Key challenges include managing publication restrictions, the assertion of “reach-through rights,” and the need to preserve universities’ obligations under federal regulations like the Bayh-Dole Act. The brochure provides detailed guidance on ownership definitions, joint contributions, indemnification, and the need for authorized institutional signatories. It reviews mechanisms to streamline the MTA process—such as the use of standardized agreements like the Uniform Biological Material Transfer Agreement (UBMTA)—while acknowledging the limitations of standardization in industry-academia exchanges. Special regulatory considerations are outlined for materials involving human embryonic stem cells, hazardous or toxic agents, and international transfers, stressing the importance of compliance with NIH guidelines and federal export/import laws. Overall, the publication serves as an educational resource to foster informed negotiation, minimize conflict, and support the responsible and open exchange of research materials in academia.
