Material Transfer Agreements (MTAs)

MaterialÌýTransfer Agreements (MTAs) areÌýlegally binding contracts used to transfer tangible materialÌýbetween two organizationsÌý(the provider and the recipient). MTAs specify the recipient's permitted uses of the material, determine rights granted to each party, and provide protections forÌýeach party's intellectual property.

MTAs defineÌýthe material being transferred and set forth terms and conditions with respect to issues such as ownership, permitted uses of the material, publication of results, development of inventions and liability. Establishing conditions prior to the transfer of material avoids issues and misunderstandings after the sponsored project has begun. Breaching an MTA creates legal and financial risks for the institution and personnel involved.

OutboundÌýMTAs allow CU Boulder personnel to provide materials to recipients while protecting CU Boulder’s intellectual property (IP).

InboundÌýMTAs establishÌýCU Boulder’s publication and IP rightsÌýarising from the sponsored project andÌýpreserveÌýIP rights in the provider's materials. CU Boulder negotiates and executesÌýMTAs on a case-by-case basis because each situation may require different terms and conditions.

How to Initiate a MaterialÌýTransfer Agreement

Contract Officers in theÌýOffice of Contracts and Grants (OCG) are the authorized representatives on behalf of CU Boulder for negotiation and execution of MTAs.

Once the MTA requestÌýis received, a Contract Officer will:

  1. Review the request.
  2. Ask the CU Boulder Principal Investigator (PI) any additional questions to ensure understanding of the necessity and needs of the contract.
  3. Collaborate with other CU Boulder offices as necessary to ensure compliance with CU BoulderÌýpolicies. These may include:
    • Venture Partners
    • University Counsel
    • the Office of Research Integrity
    • Environmental Health & Safety
    • the Office of Export Control
  4. Negotiate with the other party. The PI will be copied on all correspondence.
  5. Coordinate execution once negotiations are final.

Please note:ÌýPIsÌýcannot sign MTAs on behalf of CU Boulder. Contract Officers in OCG have the authority to sign MTAs on behalf of CU Boulder.Ìý

Transferring Export Controlled Material

All transfers of materials, software, or data must comply with export control and trade sanction regulations.

Due to U.S. export control laws, a license may be required from the Bureau of Industry and Security of the Department of Commerce to transfer certain materials. There are controls on the export of materials that could be used in chemical or biological weapons. Examples of such materials include:

  • Human pathogensÌý
  • Zoonosis
  • Toxins
  • Animal pathogens
  • Genetically modified microorganisms
  • Plant pathogens
  • Radioactive materials
  • Magnetic metals
  • Propellants
  • Ceramic materials

If the transfer includes materials controlled by the Department of Commerce or the Department of State and the materials are being transferred outside the U.S., the PI should work with the CU Boulder’s Office of Research Integrity to obtain the required license. There are civil and criminal penalties for violating the Export Administration Regulations. For more information, please consult CU Boulder'sÌý.

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