For a discussion of common characteristics of MTAs used by non-profit and for-profit parties, see: Material transfer agreements: open science vs. proprietary claims
Principles - It may be useful to start the MTA with a short section acknowledging the overarching principles governing the transfer. This can help to frame the agreement and provide context for the specific terms covered in later sections. It could prove useful in ensuring both parties interpret the document in a similar manner. These overarching principles can also act as a reference during the negotiation process – helping to ensure the result meets the original aims. They can also be useful should it be necessary to return to the MTA at a later date, for example to reach an agreement on further uses for the transferred samples and associated data. A common set of overarching principles would also assist in developing good practice in the transfer of samples and associated data during public health emergencies. Read more
Parties - The people, organizations, institutions or agencies bound by the MTA. Read more
Purpose - What is being sent and why. Read more
Definitions - The meaning of specific terms in the context of the MTA. Read more
Ownership and custodianship - Clarifying who owns what or who is responsible for what. Read more
Use - What can be done with the materials being transferred. Read more
Further use, storage and destruction - What happens after the intended use. Read more
Publication - How to handle scientific output derived from the transfer. Read more
Benefit sharing - What happens to any benefits derived from the transfer. Read more
Intellectual property - What legal arrangements govern any output from use or further use. Read more
Traceability - Ensuring it is possible to know where and with whom transferred materials reside. Read more
Dissemination of data and results - Aside from publishing, how any output will be shared. Read more
Relevant laws, regulations, and good practice - which rules need to be followed during the transfer and subsequent use. Read more
Monitoring, evaluation, and reporting - How the recipient will keep the supplier informed on progress. Read more
Nature of relationship, warranties, liabilities, notices, settlement of disputes, governing law, and consistency - Establishing key legal aspects of the agreement. Read more
Headings, amendments, waivers, and further assurances - Additional legal aspects of the agreement. Read more
Duration, Surviving Provisions and signature - How long the agreement is valid and what happens after it expires. Read more