Material Transfer and Data Transfer Agreements
Material Transfer Agreement
A material transfer agreement (MTA) is a legal agreement between the provider of biological materials or chemical compounds and the receiving party. It protects intellectual property and/or patent rights, establishes legal guidelines for the distribution of the material, and protects you and your research from legal liability as the result of an accident.
A Request for Outgoing Biological Materials/Chemical Compounds questionnaire must be completed in conjunction with your college research office if you receive a request to send materials. The college research office will forward the signed questionnaire to the Office of Technology Commercialization (OTC) for processing. OTC will prepare an appropriate MTA and forward it along with the questionnaire to the Biosafety Officer in the Office of University Research Compliance for final approval of the transfer.
A Request for Incoming Biological Materials/Chemical Compounds questionnaire must be completed in conjunction with your college research office if you are requesting material. The college research office will forward the signed questionnaire and a copy of the provider's MTA to OTC for processing. OTC will review the provider's MTA and make any necessary revisions. Once the MTA is finalized OTC will forward it along with the questionnaire to the Biosafety Officer in the Office of University Research Compliance for final approval of the transfer.
If material is transferred or received from a university or other non-profit entity, OTC may be able to use the Uniform Biological Material Transfer Agreement (UBMTA). The UBMTA is an agreement to facilitate transfers of biological material between institutions that have signed the master agreement jointly developed by representatives of the National Institutes of Health, Association of University Technology Managers (AUTM), and the Pharmaceutical Manufacturers Association. Individual transfers are covered by an implementing letter that: 1) identifies the material and the participating parties, and 2) indicates the transfer is being made under the provisions of the master agreement signed by both institutions. OSU is a signatory institution, and in most cases, honors this agreement. We recommend using the UBMTA whenever possible to expedite the transfer process.
The MTA must be signed by the Senior Associate Vice President, Office of Technology Commercialization, Oklahoma State University, who is located at 1201 S. Innovation Way Drive, Stillwater, OK 74074, before the material is transferred or received by you from another party. Contact the Office of Technology Commercialization for more information.
Outgoing Material Transfer Agreement Template
Incoming Material Transfer Agreement Template
Data Transfer and Use Agreement (DTUA)
A Data Transfer and Use Agreement (DTUA) is a contractual document utilized for the transfer of data between parties. These agreements specify the terms and conditions governing the data transfer, including limitations on its use, obligations for safeguarding the data, time constraints, liability for any harm resulting from its use, and provisions for publication and privacy.
A DTUA is not required for data that is, or can be, made publicly available without restriction. A Data Transfer Agreement (DTUA) is necessary when the data that is being sent or received requires controls on its use, transfer, storage, and disclosure.
For example, a DTUA is required when transferring human subjects’ data, even if it is de-identified. A DTUA may also be required in circumstances where the data is controlled for national security and/or export control reasons. DTUA ensures compliance with the signed consent forms and guarantees that the receiving institution has appropriate security measures in place.
Office of Technology Commercialization executes both incoming and outgoing DTUAs on behalf of the university. Investigators are requested to follow the process outlined here for initiating DTUAs.
Agreement Template:
OTC uses the Federal Demonstration Partnership’s (FDP) DTUAs agreement templates in the absence of existing DTUA documents from the other party.
Process:
Step 1: Complete the DTUA questionnaire and fill out the appropriate FDP’sDTUA agreement template.
Step 2: Send the completed questionnaire and agreement template to otc@okstate.edu for OTC review and routing.
Step 3: OTC enters agreement negotiations with the other party and facilitates execution of the DTUA agreement.
Timeline:
The review and execution timeline for DTUA depends on the agreement's complexity and how many rounds of negotiation are needed with the other party. Therefore, investigators are encouraged to start the process as early as possible.
Contact otc@okstate.edu if you have questions.