Posted on April 10, 2021
The following templates are intended to facilitate the exchange of human or veterinary biological material or resources between academic institutions in Switzerland. The Data Transfer and Use Agreement (DTUA) template of SPHN governs the transfer and use of data that is made available by a provider to a non-profit third party, which wishes to use this data for its own research purpose. This template aims to facilitate data exchange within Switzerland. An MTA must be concluded between legal entities, which are to be bound by the contractual provisions, not between individual scientists involved in the transfer and the related research, since they might not be able to guarantee the implementation of the contractual obligations. SBP Material Transfer Agreement (MTA) templates govern the transfer and use of biological material or biological resources (i.e. biological material and associated data) madele by a provider to a non-profit third party wishing to use this research material for its own research purposes. The templates are intended to be used by Swiss Biobanking Platform (SBP) partners who work in compliance with the governance principles issued from applicable ethical and legal requirements and follow professional biobanking standards as stated in their Biobank Regulation. Their use is limited to exchange between academic institutions and is not suitable for exchange between for-profit organizations. The contracting body ZFT presents contract models on the following topics.
for international contractors: applicable law and competent jurisdiction In all other cases, please apply to the SFT. Who owns the inventions that result from the use of the material? If a scientist from Julius Maximilians University in Wurzburg receives a request for material, it is necessary to check, among other things, whether he has the right to make the material available, because he.B received the material himself from a third party with an appropriate agreement or exclusive rights to use the material have already been granted to third parties. Biological materials (antibodies, cell lines, etc.) can have considerable commercial value. This is why we are often hesitant today to make this material available free of charge to third parties. In order not to paralyze the exchanges important for academic progress, MTAs were developed. MTAs allow the exchange of (organic) material between academic institutions, while specifying what the recipient can do with the material and what the property should be. Similarly, mtAs are also used by companies to transmit materials to academic institutions, with conditions often restrictive for academic research. The Project Agreement is an interactive form and is to be opened and edited exclusively using Acrobat Reader.
In the case of university MTAs, it is important that research and teaching be a primary use. For MTAs with industrial partners, the university should not be transferred below value or free of charge, as biological materials (antibodies, cell lines, mouse lines, etc.) can be of considerable value. A material transfer agreement (MTA) regulates the transfer of this biological material, if any, including appropriate remuneration. Various U.S. universities use the Uniform Biological Material Transfer Agreement (UBMTA) to transfer biological material to other universities.”