Material Transfer Agreements (MTAs)

Material Transfer Agreements (MTAs) are used when any biological research materials are exchanged between UTMB and another entity.

MTAs control the terms and conditions under which the recipient scientist and institution may use the exchanged materials for research. Incoming and outgoing MTAs must be reviewed and approved by the IP Legal Group. Before the materials can be sent outside UTMB, the MTA must be fully executed by all parties. Additionally, if the requested UTMB materials will be sent outside the US, then the IP Legal Group, along with the Export Control Officer, must also perform an export control review on the materials to be exchanged and the recipient.

Learn more about Export Control
Technician looking at a vial with DNA inside
MTA Intake Form

*MTAs that involve IRB and/or clinical fees must be reviewed by the Office of Clinical Research.

Guidance on MTAs

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  • What is a Material Transfer Agreement or MTA?
    An MTA is a legally binding agreement that is used when materials are shared or transferred for research activities between UTMB and other institutions or companies. An MTA defines the rights and obligations of the providers and recipients of the materials.
  • Are MTAs required for all sharing or transferring of materials, including equipment?

    No. At UTMB, MTAs are required for tangible biological and chemical materials, including but not limited to cultures, cell lines, plasmids, nucleotides, proteins, bacteria, transgenic animals, pharmaceuticals, and other chemicals ("biomaterials").

    The transfer of equipment (e.g. batteries, pipettes, devices, cages) or non-biomaterials should be handled and vetted through the department of the Principal Investigator. Additionally, if an executed research agreement specifically documents the transfer of the materials to the designated parties, an MTA will not be required.

    Although MTAs are required for sending biomaterials from UTMB to third parties, mainly for liability protection, there are exceptions and waivers available for special circumstances. Additionally, some providers may not require an MTA for UTMB to receive their materials. At UTMB, we are more concerned with having an MTA when we provide biomaterials and when we send materials to non-U.S. destinations.

    Once you have an MTA, you will not need an additional MTA for subsequent transfers; so long as the recipients and the materials do not change.

  • Why is an MTA important?
    MTAs document a chain of custody for any biomaterials shared or transferred by documenting the authority required for use of those biomaterials and describing how the biomaterials may be used. The MTA also addresses the stewardship of the transferred biospecimens, liability, and intellectual property. An MTA also gives the provider control over the distribution and further use of the material.
  • Can an MTA be used as a Data Use Agreement?
    No. Biomaterials are not data. We reserve MTAs for biomaterials. For data transfers, you need a Data Transfer or Data Use Agreement which are processed by OSP.
  • How to request an MTA?

    Due to the potential biohazards that can occur with certain materials, IP Legal works directly with Environmental Biosafety Office to administer biological/chemical MTAs. You must first complete the MTA Intake Process & Form to assess whether or not a MTA is required.

    Click to open the MTA Intake Form and input your UTMB user identification to complete the form. Once the form is submitted, IP Legal and Environmental Biosafety Team Members are immediately notified.

    If you have any questions about MTAs, send your question to the attorneys of the IP Legal Group at IPLegal@utmb.edu.

  • How long does it take to execute a MTA?
    Negotiations take at least 2-3 weeks or more. It is imperative that if you plan to send biomaterials to a non-UTMB party, you should complete the MTA Intake Form as soon as reasonably possible.
  • Who can sign an MTA?
    MTAs can only be signed by an authorized UTMB signatory, such as the SVP & Chief Legal Officer. Faculty Members and Researchers generally do not have signatory authority to legally bind UTMB and therefore, must sign as “Read and Understood.”