Under UBMTA and most other agreements with other academic institutions, the equipment supplier retains ownership of the original material and all descendants and products that remain unchanged from the material. The recipient retains ownership of any changes to the material produced by the recipient, which are not products derived from the original or unmodified material. When a result involves both changes to the recipient and supplier material, common ownership is defined. Suppliers and recipients must be published freely and materials should not be used for commercial purposes. These conditions are largely acceptable to universities because they do not impose conditions that could stand in the way of federally funded research projects. Our university is a signatory to the Uniform Biological Material Transfer Agreement (UBMTA) Master Agreement (UBMTA), a contractual mechanism published by NIH on behalf of PHS to facilitate the transfer of biological material between academic institutions. For institutions that have accepted the terms of the UBMTA master contract, it is not necessary to negotiate individual terms for any transfer of a biological material. Instead, a letter of execution is implemented, which refers to both the biological material, the supply agency and the host institution. Where possible, the Clinical/Corporate Contracts Services team will use UBMTA to expedite the transfer of applicable biological materials. Incoming MTAs are agreements on the use of material that comes to the university to be used by researchers at La Chapelle Unc Hill. There are usually two types of incoming MTAs: those of for-profit companies and those of other research institutes.
Material Transfer Agreements (MMA) are contractual documents that are used for the acquisition of various biological and research materials and data sometimes developed by non-profit, public and private companies. Often, these materials are a necessary part of a research project and are only available from a single, often industrial, source. The industry may view its materials as important proprietary resources and assert ownership of inventions made with these materials or limit the publication of adverse results. Universities will want to ensure that the conditions of the MTA allow for the full dissemination of research results and are not at odds with other higher education policies. Because of these differences of opinion, negotiations to meet the needs of both parties may take time. The usual areas of negotiation are publications, the exploitation of research results and the appropriation of the technology produced by research. Our university is a public institution that receives a large portion of its research funds from the U.S. federal government. To ensure that MTAs comply with higher education policy and funding agency requirements, the university will review ODA to ensure compliance with NIH guidelines, including principles and guidelines for NIH scholarship recipients and contracts to obtain and disseminate biomedical research resources. Outgoing MTAs are used by the university to send materials to a researcher in another research organization or company. Outgoing MTAs are essential to ensure that UNC-Chapel Hill researchers can continue to freely use the materials created here and to limit the university`s responsibility through the use of the material by another party. When exchanging research materials with other institutions, it is important to understand the context in which these research materials are shared.
If our university`s research material is shared with another organization that uses these materials for a research project of its own conception, where our university is neither intellectual nor practical, this transfer would most likely be as an outgoing MTA.