What is a Material Transfer Agreement (MTA)?

A MTA is a contract that governs the transfer of tangible research materials between two organizations, when the recipient intends to use it for his or her own research purposes. The MTA protects the rights of all parties involved in the exchange of biomaterials from the original depositor of the material to the end-user. The use of MTAs is widespread in today's research and development environment, appearing in transfers of materials to and from universities, government agencies, commercial firms, nonprofit organizations and others.  Click here to find the ATCC Material Transfer Agreement.

Why is a MTA important?

1. All users of ATCC products must be registered and must agree to an MTA prior to receiving products from ATCC or its licensed distributors.

2. Protects the ownership and intellectual property rights of the Contributor by stipulating that biological materials may be used only by the Purchaser's laboratory and that all ownership rights are retained by the Contributor. 

3. Protects the rights of the distributor from claims relating to the use, handling, storage and disposal of the materials. 

4. Defines the duties of the recipients and their institutions, including the responsibility to properly handle, use and dispose of the materials according to applicable laws and regulations. 

5. Protects the rights of the recipients by offering the terms of a warranty, which guarantees that if the received materials are not viable, the recipient is entitled to a refund or replacement at ATCC’s sole option.

6. Prevents uncontrolled distribution of Biological Materials by allowing ATCC to track the Biological Materials to a specific end user and requiring that materials only be used in Purchaser's lab, thereby assuring each end-user that the material is authentic and free of contaminants.

How does the ATCC MTA follow the Universal Biological Material Transfer Agreement (UBMTA)? 

The UBMTA defines Modifications as substances created by the Recipient which contain/incorporate the Matreial. The UBMTA also states that Recipient retains ownership of a modification except the material included therein. The ATCC MTA defines Modifications as substances created by Purchaser (Recipient) which contain and/or incorporate a significant or substantial portion of ATCC Material. 

While the UBMTA permits third party transfers of Modifications (section 5), it is also under a separate implementing letter or an agreement at least as protective of the Provider’s (Contributor’s) rights. The UBMTA also states that written authorization from the Provider (Contributor) must be obtained for commercial use.

The primary business principal for ATCC is that we protect the rights and interests of each and every Contributor’s materials, so we state in our MTAs that requests to transfer Modifications be given written authorization.  ATCC follows the UBMTA by implementing a Material Transfer Request process (below).  What is slightly different is that ATCC distributes to both non-commercial and commercial entities, for research purposes only.  While this allows for greater distribution of materials to the scientific community for research, it also puts ATCC in a position to be extra cautious as to where original materials and Modifications are transferred.

What is the Material Transfer Request process for transferring Biologicial Materials to third parties?

It is not ATCC’s intent to prevent the transfer of Biological Materials for the advancement of scientific knowledge. To that end, ATCC has a formal process to allow for the transfer of ATCC Materials, Progeny, Unmodified Derivatives and Modifications (collectively "Biological Materials") for non-commercial, research purposes only.  Please note that there is a fee for transferring the Biological Materials outside of the scope of the MTA and ATCC’s normal business processes.

1. If the original purchaser and requestor wish to transfer Biological Materials, as defined by the ATCC MTA, please contact us. ATCC will send the requestor an inquiry letter to obtain specific information regarding the transfer request.

2. Upon receipt of a response, ATCC will assess the request and determine if the transfer can be approved.

3. ATCC will send a Transfer Request form to be completed.

4. Upon receipt of the completed Transfer Request form, ATCC will negotiate and execute a material-specific Transfer Agreement with the final recipient.

5. ATCC will send the requestor a letter of approval for the transfer, a copy of the signed Transfer Agreement by the final recipient, and an invoice for the transfer fees.