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Use of a Material Transfer Agreement, or MTA, is important when the party that developed and lawfully holds the material desires to attach conditions to its distribution and use by others.
This might be the case, for example, when a UA researcher sends a sample of a unique cell line to a colleague at another university, but desires that the colleague not re-transmit the material to any third party. An MTA can establish the prohibition on re-transmission as a contractually binding duty.
A UA researcher might also require an MTA when transmitting material that is, or might likely be, patented by the University. Doing so lets the recipient know that the material may not be freely commercialized or incorporated into other materials without permission of the originating institution.
MTAs are usually not necessary when transmitting material that is elsewhere freely available to the public, that was developed entirely within the laboratory of the UA principal investigator intending to transmit the material, that is not subject to duties imposed by a research contract, and is of a nature that requires few, if any, limitations on modes of use.
UA investigators who are unsure about the need for an MTA when transmitting biological or other materials developed in their laboratories are encouraged to contact OTT to discuss the pros and cons.
