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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 UCSD 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 UCSD active research activities
or programs, especially those related to inventions, are handled
by TechTIPS 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 UCSD 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 TechTIPS,
or visit Material Transfer Process Website, with any questions
s/he may have.
Links: TechTIPS
homepage, MTA Webpage, OCGA,
Contact TechTIPS
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