“genetic resources”: non-human matter of animal, plant or microbial origin containing units of functional heredity. Has. Material Transfer Agreements (MMA) are agreements that define the conditions under which a company or scientist transfers unique biological materials to another unit or scientist for research, testing and possibly distribution purposes for further research and testing. Comment: If samples are to be removed from the country where the transfer takes place, a state authorization for export and/or importation may be required. If a government authority is transferring, it should be specified whether it is authorized and/or whether it issues the export authorization. In any event, responsibility for granting an export and import authorization should be assigned. Similarly, government rules may require specific procedures for the use of materials. Responsibility for meeting these requirements should be assigned and all of these requirements must be met. A. Many laws apply to the transmission of materials by the supplier and the use of materials by the recipient. MTAs should require the recipient to comply with these laws. Consider this. An MTA should indicate an expiration date for the agreement.
Otherwise, the beneficiary`s obligations will remain in place forever. Parties should be able to terminate the MTA earlier by prior written notification. When the MTA expires or ends, the recipient should generally stop using the material and may be asked to return or destroy the remaining material. A termination clause may also delineate certain obligations beyond termination. These survival obligations may cover areas related to confidentiality, intellectual protection, guarantees, liability and compensation. The MTA can always be extended by mutual agreement between the two parties. There is a long history of exchanging biological materials, such as plant germs or genetic reserves, and this is largely what has been done freely and often without any form of legal agreement. Where possible, materials should be identified by the transferor or transferors. In addition, the buyer should cooperate with the ceding company in order to develop an agreed-upon means of identifying and describing the materials. If a large number of materials need to be transferred, material descriptions can be added to an annex. It is also possible to use several transport agreements, especially when materials have different uses or are subject to different benefit-sharing agreements.
In principle, an MTA is a yawn, i.e. a transfer of physical property without transfer of ownership. Under such an agreement, the supplier retains ownership of the transferred property. The transferred property is owned by the party who receives in accordance with the conditions set out in a legally binding contract. The contract therefore governs the transfer of biological material between two or more parties. In addition to the physical property rights owned by the supplier, the materials may be the subject of a patent or patent application. In this case, the MTA may be obliged to consider the transfer of IP rights and the transfer of equipment. The transfer of IP rights would take the form of a license, for example. B for manufacturing, use, sale, etc., i.e. a license is the authorization to do what would otherwise violate the supplier`s IP rights. This chapter deals with materials for use for research purposes, usually in the absence of research cooperation between the supplier and the recipient.
Such cooperation could be supported by a separate cooperation agreement that would accompany the MTA. The MTA defines the rights of the supplier and recipient with respect to materials and material derivatives. An MTA should allow the recipient of the materials to publish or present the recipient`s search results without the supplier`s consent. An MTA may require the recipient to have a copy of a manuscript, summary, poster session or pr