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Material Transfer Agreement (MTA)

The transfer of materials (e.g. cell lines, virus strains, proteins, chemical compounds, animal models, etc.) may lead to further joint research projects. Concurrently, this also opens up the possibility of having certain scientific questions probed and investigations carried out by another, perhaps better qualified, partner, thereby making the research of the material more effective by the scientific division of labour. This will enable both partners to advance their respective research projects with fresh knowledge following the transfer of materials. Marburg University strongly advocates this form of mutual research cooperation.

What is a Material Transfer Agreement (MTA)?

An MTA is an agreement dealing with the transfer of material, usually not patented, for research purposes. In principle, such an Agreement can be entered into with other universities and non-university research institutions as well as with companies.

It is always necessary, however, to clarify whether the university receives material from a third party (so-called recipient) and/or makes the material available to a third party (so-called provider).

Do identical rules apply to MTAs with academic institutions and industry partners?

It is paramount for any MTA to be entered into with academic institutions that research and teaching are the primary use of the material, or what is referred to as “non-commercial-use.”

MTAs with industrial partners, or for any form of commercial utilization of materials, cannot be entered into under the same terms and conditions as with research institutions under the current EU Framework for State Aid for Research, Development and Innovation. If you wish to enter into such an MTA, please contact the contact persons listed below in advance for a case-by-case assessment.

What steps must be taken in order to enter into an Agreement in which Marburg University is the Supplier of the Material?

1.) First and foremost, determine whether the MTA is the appropriate type of contract in this specific case. Should you have any reservations or doubts, please contact us.

2.) Fill out the application form for MTAs — where necessary together with your partner.

3.) Please send the application form to: forschungstransfer@uni-marburg.de

4.) The Technology Transfer Department will use this information in order to create a draft agreement and send it to you for review.

5.) The draft will then be forwarded to your partner for a final approval, and terms negotiated, where necessary. 

6.) After receiving all necessary feedback, the Technology Transfer Department will forward you two completed legally binding copies of the Agreement. You must sign them and then forward them to your partner for their countersignature.

7.) Once your partner has sent you a fully signed copy, forward it to the Technology Transfer Department so that it may be filed in the registry.

What should I do, whenever a Partner sends me a Draft of an MTA?

Third-party drafts for MTA’s are generally not accepted if the university is the Supplier of the material concerned. Should a contractual partner  present you with their own sample for an MTA, you should reject it in this instance and send the application form as described under (3) as soon as possible.

What should I do if the University is the Recipient of the Material? 

As a rule, suppliers of material have their own samples for MTA’s which they insist upon using whenever supplying material. Forward them to the Technology Transfer Department for verification purposes. If the suppliers do not provide their own samples, please contact the Technology Transfer Department.

What legal Aspect need to be taken into consideration when drafting an MTA?

There are a number of legal aspects to MTAs requiring careful consideration, notably 

• what may the Recipient do with the material concerned?;
• what may the Recipient not do with the material?;
• what are the rules regulating ownership?;
• who is liable for any damages?;
• what should be done with regard to publications and inventions?;
• what about costs and payment transactions?;
• in the case of international contracting parties, what about the costs involved and payment transactions, which laws are applicable, and the place of jurisdiction need to be determined.