Material Transfer Agreement Guidelines
The HSD Technology Transfer Office (TTO) is here to help faculty document transfer/receipt of materials using Material Transfer Agreements. Loyola University Chicago is a signatory on the Uniform Biological Material Transfer Agreement Master Agreement (UBMTA), which can be used for transfer of most reagents not involved in clinical trials. Please review the MTA process below, complete the incoming or outgoing cover sheet and the UBMTA and submit them via email to Rachel Beyler in the Technology Transfer Office (CTRE, Room 127). All submitted documents will be reviewed for compliance and the TTO will coordinate signatures. A pdf of the signed document will be returned to you and a copy will be retained by the University.
Why do I need to use a Material Transfer Agreement?
MTAs for outgoing material are designed to protect your intellectual property and prevent the material provider from losing control over the material and its research use. If no agreement exists, then the recipient of the material has no legal restrictions on the use of the material, or on transferring the material to others.
MTAs for incoming material protect the intellectual property of the sender. Loyola University Chicago is required to ensure the recipient of the materials has the necessary approvals in place for use of the requested materials (see Compliance Review).
What Types of Materials Can Be Sent or Received Using a Material Transfer Agreement?
In general, most materials can be sent or received using a MTA as long as proper approvals are in place and the research is not a Clinical Trial. The following are examples of materials that can be sent/received with a MTA:
- Biological Materials: antibodies, transgenic and knock-out mice, cDNA, plasmids, reagents, proteins, recombinant proteins, vectors, human embryonic stem cells, etc.
- Drugs from pharmaceutical companies
- Data: human subject research data, access to databases (e.g. Bureau of Labor Statistics, Cook County Medical Examiner, etc.)
- Computer Software (in some cases) intellectual property licensed by Loyola to another party
- Any material that was received from another party under an agreement
Some materials, such as controlled substances, pathogens, viruses or other potentially harmful biological agents are subject to special guidelines and/or procedures. Contact the TTO for for more information.
MTAs must undergo a compliance review to ensure that the appropriate compliance protocols, if applicable, are in place. Completing the appropriate incoming or outgoing cover sheet will facilitate this review.
- MTAs for live animals must have protocol(s) reviewed and approved by the Institutional Animal Care and Use Committee (IACUC).
- MTAs for human tissue and/or data must be reviewed to ensure compliance with 45 CFR 46 (and all other applicable federal regulations), and, if required, have protocol(s) reviewed and approved by the Institutional Review Board (IRB).
- MTA's for biohazardous materials must be reviewed to ensure biosafety compliance and, if applicable, have protocol(s) reviewed and approved by the Institutional Biosafety Committee (IBC).
Outgoing Materials: The Loyola researcher (provider) should follow the steps outlined here:
- Complete the UBMTA and outgoing cover sheet and submit the forms via email to Rachel Beyler.
- TTO will route the document for reviews concerning human subjects, animals and biosafety (if applicable).
- If the standard language is in the form has to be amended, the TOO will coordinate any proposed changes to the MTA with the requester and the Loyola provider.
- When the agreement has been finalized, TTO will coordinate the signatures. The Requester and the Loyola provider will then receive a pdf copy of the fully executed agreement.
Incoming Materials: In general, the provider of the materials sends the investigator or the TTO the MTA for the materials requested by the Loyola researcher. The Loyola researcher can facilitate the compliance review by completing the incoming MTA cover sheet. Once the TTO receives the MTA and the incoming MTA cover sheet:
- The TTO will route the document for reviews concerning human subjects, animals and biosafety to ensure that the recipient has the protocols in place to the the requested material.
- TTO will review the document to confirm that the MTA complies with institutional policies and does not contain language that affects Loyola intellectual property rights or conflicts with the laws of the State of Illinois.
- If the document contains language that is not normally accepted by the University, the TTO will consult with Loyola legal counsel and the Office of the Provost for a final ruling on whether to accept the language.
- When the agreement has been finalized, TTO will coordinate the signatures and return a pdf copy of the fully executed agreement to the Loyola researcher for their records.