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Biological Material Transfer Agreement

Biological Material Transfer Agreement Template for Australia

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Key Requirements PROMPT example:

Biological Material Transfer Agreement

"I need a Biological Material Transfer Agreement for transferring cell lines from our university research lab to a pharmaceutical company for non-commercial research purposes, with specific provisions for potential future commercialization rights and publication permissions."

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Document background
The Biological Material Transfer Agreement (MTA) is a critical legal instrument used in Australia when transferring biological materials between organizations for research, development, or commercial purposes. This document is essential when biological materials such as cell lines, plasmids, antibodies, or other biological resources need to be shared while maintaining proper control, safety, and intellectual property rights. It ensures compliance with Australian regulations including the Gene Technology Act 2000, Biosecurity Act 2015, and relevant state legislation. The agreement is particularly important in research collaborations, commercial partnerships, and academic exchanges where biological materials are involved. It addresses key aspects such as material handling, usage restrictions, intellectual property rights, publication rights, and compliance with biosafety requirements specific to the Australian regulatory framework.
Suggested Sections

1. Parties: Identification of the Provider and Recipient institutions, including authorized signatories

2. Background: Context of the transfer, including the research purpose and institutional relationships

3. Definitions: Detailed definitions of key terms including 'Material', 'Derivatives', 'Modifications', and 'Commercial Purposes'

4. Material Transfer Terms: Specific details about the biological material being transferred, including quantity, form, and shipping arrangements

5. Permitted Use: Clearly defined scope of how the recipient may use the material, including research limitations

6. Compliance Requirements: Obligations regarding biosafety, containment, and relevant regulatory requirements

7. Intellectual Property Rights: Rights over the material, derivatives, and research results

8. Confidentiality: Obligations regarding confidential information related to the material and research

9. Publication Rights: Terms governing the publication of research results using the material

10. Warranties and Liability: Disclaimers and limitations of liability regarding the material

11. Term and Termination: Duration of the agreement and conditions for termination

12. Material Handling Post-Termination: Requirements for disposal or return of materials upon agreement termination

13. General Provisions: Standard legal provisions including governing law, dispute resolution, and entire agreement

Optional Sections

1. Commercial Use Provisions: Additional terms if commercial use is permitted, including revenue sharing arrangements

2. Third Party Transfer Rights: Terms governing if and how the recipient may transfer material to other parties

3. Export Control Compliance: Specific provisions for internationally controlled biological materials

4. Indigenous Knowledge and Benefits: Requirements when material involves traditional knowledge or indigenous resources

5. Safety Data Reporting: Additional reporting requirements for hazardous materials

6. Progeny and Derivatives Rights: Specific terms regarding rights to modified organisms or derivatives

7. Academic Use Provisions: Special terms for academic or non-profit research use

Suggested Schedules

1. Schedule A - Material Description: Detailed technical description of the biological material, including strain/species, characterization, and quantity

2. Schedule B - Safety Data Sheet: Biosafety information, handling requirements, and risk assessments

3. Schedule C - Transfer Protocols: Specific protocols for packaging, shipping, and receiving the material

4. Schedule D - Research Plan: Detailed description of the intended research using the material

5. Schedule E - Compliance Certificates: Copies of relevant permits, ethics approvals, and regulatory clearances

6. Appendix 1 - Contact Details: List of key contacts for technical and administrative matters

7. Appendix 2 - Fee Schedule: Details of any fees for material transfer, shipping, or processing

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions








































Clauses




























Relevant Industries

Life Sciences

Biotechnology

Pharmaceutical

Healthcare

Agricultural Science

Medical Research

Environmental Science

Academic Research

Public Health

Chemical Industry

Relevant Teams

Legal

Research and Development

Compliance

Intellectual Property

Laboratory Operations

Quality Assurance

Regulatory Affairs

Scientific Operations

Technology Transfer

Biosafety

Relevant Roles

Research Director

Laboratory Manager

Chief Scientific Officer

Compliance Officer

Technology Transfer Manager

Legal Counsel

Principal Investigator

Research Scientist

Biosafety Officer

Intellectual Property Manager

Quality Assurance Manager

Regulatory Affairs Specialist

Research Program Manager

Scientific Operations Director

Material Transfer Coordinator

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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