A Few Words About Material Transfer And Its Agreement

For decades, the transfer of research materials in and out of universities has occurred without much concern or care. The process of transferring materials might appear to be a routine and simple matter on the surface, but this is often not the case. With the maturation of the biotechnology industry, the transfer of biological research materials has become quite an onerous process.

It is now routine that when a university researcher requests any research material from a company, the company will demand certain rights to the results and the intellectual property that may be developed by the researcher using the material. Further, the company may restrict the dissemination of the research results. Such demands may conflict with University policy and are a big burden to the universities in that the university must review them and keep track of all the materials that move in and out of the university. All UC San Diego researchers seeking to request a transfer of material should go to the Material Transfer Process Website.

One thing that is common for all transfers of research materials, whether they go out or come in, is that a Material Transfer Agreement (MTA) should first be executed before the materials can be transferred. The MTA is a contract spelling out the terms and conditions under which the research materials are to be transferred. The contract normally spells out clearly for everybody and for the record:

  • The material proposed to be transferred;
  • The purpose of the transfer;
  • Responsibilities relating to compliance with local, state, and federal regulations;
  • Rights and interests each party may have in the materials or in the results derived from using the material;
  • Disposal of the excess or unused material;
  • Liability and indemnification;
  • Warranty, if any; and
  • Reimbursement for costs associated with the transfer (e.g. costs in preparing the materials and for shipping etc.), if appropriate.

For sending research materials outside of the University to a for-profit organization, please refer to the Material Transfer Process Website.

Outgoing research materials that are results of UC San Diego active research activities or programs, especially those related to inventions, are handled by TTO and a more detailed disclosure of the research materials may be necessary. These materials are considered "intellectual property" of the University

In practice, when a UC San Diego researcher is thinking about transferring or receiving research materials, and BEFORE any signed document is executed, the researcher should contact Doriot Lair (858) 822-3275 at TTO, or visit Material Transfer Process Website, with any questions s/he may have.