The University of Wisconsin-Madison
Research and Sponsored Programs
Notice 94-3
November 22, 1993

TO: Deans, Directors, and Department Chairpersons and Secretaries
(for distribution to all Faculty)
FROM: William J. Vance, Associate Director
SUBJECT: Material Transfer Agreements

The purpose of this Notice is to identify the policies and procedures that should be followed when Research Material is being sent to, or received from, other individuals or organizations.

Out-Going Materials

  1. The attached Material Transfer Agreement (MTA) has been developed and may be used when sending Material, developed at the University, to other individuals or organizations. It was developed as a service to those Principal Investigators who had requested that the University design a standard MTA form which would help protect their intellectual property rights and also signify University involvement in the MTA process--use of the "Out-Going MTA" form is voluntary.

    2.  
  2. Only a Principal Investigator may agree to transfer Material.

    3.  
  3. By signing the MTA, the Principal Investigator certifies that there are no restrictions on the transfer of Material arising from an agreement with an extramural sponsor or other provider of material.

    4.  
  4. The Principal Investigator must complete the MTA, sign and send it to Research and Sponsored Programs (RSP).

    5.  
  5. An Extramural Support Transmittal Form (T-Form) is not required in conjunction with out-going MTA's.

    6.  
  6. RSP will send the MTA to the "Receiver", at the address identified in the MTA, and request that the MTA be executed by an authorized official and returned to RSP.

    7.  
  7. Any modifications to the MTA will be negotiated by RSP.

    8.  
  8. RSP will sign and return a fully executed copy of the MTA to the "Receiver".

    9.  
  9. RSP will send a copy of the fully executed MTA to the PI and advise that the Material may be shipped.

    10.  

In-Coming Materials

  1. The MTA must be routed through administrative channels with an "Extramural Support Transmittal Form" (T-Form) to RSP.

    2.  
  2. The Principal Investigator must identify, in the "Project Title" section of the T-Form, which of the following project types the material will be used in conjunction with:

    3.  
    1. Federally funded projects,

      2.  
    2. Nonfederally funded projects where the patent rights have been assigned to the sponsoring agency,

      3.  
    3. Nonfederally funded projects from not-for-profit agencies where the University has accepted specific patent language restricting assignment, or

      4.  
    4. projects with no conflicting patent policies.

      5.  
  3. If the Material will be used in conjunction with funds identified in items 2a, 2b, or 2c, or if the MTA has a clause that conflicts with State or University policy, RSP will negotiate the necessary changes with the donor. Upon successful negotiations, the MTA will be signed and returned to the donor.

    4.  
  4. If the Material will be used in conjunction with projects identified in 2d, and the MTA does not violate any other State or University policy, it will be signed by RSP and returned to the donor.

    5.  
  5. If the donor will not agree to the required changes, RSP will seek advice from Legal Services or the Office of Research Services in the Graduate School.

    6.  
  6. Principal Investigators should encourage donors to use the attached Material Transfer Agreement form at whenever possible. It also can be used to show a donor alternative language in those instances when the University has a problem accepting the donors agreement.
If you have any questions about these policies and procedures, please discuss them with your Dean’s office or contact Diane Barrett, Assistant Director at 608-262-262-0252.

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