Nandita Chowdhury

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Nandita Chowdhury Material Transfers
4 December 2009
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Material Transfer Process

• Researchers reads publication by their colleagues
  from the Scientific community and is interested
  in duplicating results.
• Researcher is contacted by researchers from other
  organization to provide the Material
• Researcher contacts researchers from other
  organization to obtain their Material.
• Commercial, for-profit organization is interested
  in using Researchers Material for its internal
  evaluation

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Material Transfer Process

• Researcher fills out Material Transfer Request
  Form to provide office reviewing/signing the MTA
  information on
• The material
• Research funding for research with the incoming
  material (industry or non-profit)
• Research funding used for developing the outgoing
  material
• Brief description of research
• Whether or not researcher expects IP of
  commercial value

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Materials may be transferred

• Without a Material Transfer Agreement
• Using Uniform Biological Material Transfer
  Agreement (UBMTA )
• Using Simple Letter Agreement (SLA)
• more information on UBMTA and SLA can be found
• at www.autm.net
• http//www.autm.net/Technology_Transfer_Resources1
  /3875.htm
• Under a negotiated MTA

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ISSUES DETERMINING TYPE OF MTA

• Reasons to protect confidentiality
• Research with incoming Material involves
  background Institutional IP
• Material is/will be disclosed to technology
  transfer office for commercialization
• Third party rights to the Material
• Recipient of Material is Industry

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ISSUES DETERMINING TYPE OF MTA CONTINUED

• Progress Report on use of Material is needed
• Human Tissue or Hazardous Material
• If the Institution is receiving party of a
  Material, typically the Provider determines the
  type of Agreement
• For transfers between academic institutions, we
  can try to see if no MTA, UBMTA, or SLA would
  work.
• The type of background IP is involved in the
  researchers research with the Material.

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NO MTA Initiative

• NO MTAs may be used when Researcher fills out
  MTA request form and checks on No MTA, and
  provided that
• there are no conflicting obligations to existing
  research sponsors and licensees and
• when our researcher and their research colleagues
  elsewhere are exchanging non-hazardous or
  non-human biological materials for in vitro
  research use
• Information on signing up for no MTA initiative-
  from Ms. Kathy Ku at Stanford University at
  kathy.ku_at_stanford.edu.

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Available Agreements
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Available Agreements Continued
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Issues that concern a typical academic institution

• Its right to publish its results
• Indemnity/Liability
• UBC cannot indemnify a third party (industry or
  academic)
• For Institutions who are allowed to indemnify,
  limiting the indemnity
• If an industry uses institutions results or
  Material, it must indemnify institution for the
  industrys use of results or Materials.
• Disclaimer of warranty for results, data and
  inventions from academic research

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Questions/concerns

• Questions or concerns that you want to share.

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Clauses of concern/discussion

• How have your institutions dealt with
• Animal Care Clauses from Pharmaceuticals/Industry?
  
• US Export Control laws?

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Contact
Nandita Chowdhury University-Industry Liaison
Office The University of British Columbia 103
6190 Agronomy Road Vancouver, BC V6T
1Z3 nandita.chowdhury_at_uilo.ubc.ca Tel
604-822-8020Fax [phone] Web
www.uilo.ubc.ca