The parties to an MTA can vary, ranging from individual laboratories in countries to their Ministries of Health (MOH). Regardless of the purpose of the MTA (e.g. single purpose – diagnostic versus multiple – diagnostic and further research), it is essential to determine between which parties the MTA must be signed and to avoid a multiplication of MTAs between various parties, for example a first MTA between the MOH and a lab and another MTA, possibly contradictory or at least introducing confusion, between the same lab and the emergency responder/medical care provider which took the sample. Language should be inserted into an MTA obliging signatories to ensure that other MTAs or agreements signed on the Material should have compatible terms.
It is important that the start of the MTA states clearly who is signing it, on whose behalf, and whom it binds and provide rights to, including third party beneficiary providers. In the case of MTAs signed in the context of emergency treatment, when emergency responders/medical care providers on the ground are those providing the material but are not the signatories MTAs could usefully include the medical care provider as a third-party beneficiary and include a provision stating that results must be provided to that medical care provider directly and systematically.
This Materials Transfer Agreement is made as of the Effective Date………………………….. and will cover all shipments of … until … BETWEEN: [Name of institute, organisation or ministry providing samples], having an address at ___________ (hereinafter the “Provider”) or [Name of Medical Care giver - _____] AND: [Name of Recipient Laboratory, having an address at __________] (hereinafter the “Lab short name” or “Recipient”) (Collectively “Parties”)
In most cases, the sampling is not done by the labs, but by caregivers, phlebotomists, contact tracers, researchers, surveillance teams, etc. Sample collection is done for the purpose of performing specific tests related to patient management (caregivers), screening (surveillance teams) or answering the research question of the study protocol (researchers). An MTA will need to clarify what should be done with the remains of the samples and associated data: destruction, preservation, other use, exportation, etc.
In case the labs directly do the sampling for research, the MTA should be only between labs and MOH with the support of a research protocol approved by an Ethics Research Committee (ERC).
It may also be important later in the MTA to detail specific roles and responsibilities, e.g. nominating technical representatives authorised on behalf of the parties to release relevant materials or information.