Three Way Material Transfer Agreement

(iii) In the event that the ISP terminates this agreement under 13 (c) except for violation of this Agreement or for reasons such as an immediate health risk or patent infringement, the ISP will delay the termination for up to one year at the request of the RECIPIENT, in order to complete the ongoing research. From the effective date of the termination or at the request for the deferred termination date, RECIPIENT will cease using the MATERIAL AND will return or destroy the remaining MATERIAL upon instruction from the PROVIDER. The RECIPIENT, at its sole discretion, will also destroy modificationS or remain bound by the terms of this Agreement, as they apply to MODIFICATIONS. In order to facilitate the transfer of equipment, UNH has adopted guidelines on MTA. In general, the UNH will agree to provide to other organizations, after the execution of an MTA, material in which it has a proprietary interest, in order to ensure conditional use of the material by the receiving party. UNH will also facilitate the transfer of materials from outside unHC by providing institutional audits, negotiations and coordination of all ODAs from external organizations. The UNH faculty, staff and students are responsible for complying with MTA conditions and the safe use of equipment. From the university`s point of view, the main stumbling block is often the requirement of “reach through” rights for inventions resulting from the use of a company`s materials. Like Monsanto, many companies claim the right to a first refusal of a license for discoveries or inventions. Candace Voelker, of the Office of Technology Transfer at the University of California, said this had only recently become a common practice. “It is only in the last 5 years that companies have implemented rights to their materials.

Before, they gave the materials to the university faculty without these cords being attached, and it was not that common. The emphasis on exclusivity is about universities, Leonard said. “If you give a company an option in exchange for a search tool, you can only sell that horse once; If the research project needs another tool that requires an exclusive license, you have a serious problem on your hands. An MTA should allow the recipient of the materials to publish or present the recipient`s search results without the supplier`s consent. An MTA may require the recipient to send the Supplier, prior to publication or presentation, a copy of a manuscript, summary, poster session or presentation, so that the Supplier can verify, comment or request the removal of confidential information from the Supplier. An audit period of 30 to 45 days is sufficient for most providers and is acceptable to most university recipients. The MTA may require that publication or submission be delayed for a longer period of time in order to allow patent applications to be filed. For most suppliers, an additional 30 to 45 days is sufficient. An MTA may also require the recipient to confirm the supplier for the availability of material in publications or presentations. The model provides that specific benefits, benefit allocation conditions and the date on which these benefits are to be granted are indicated in this section (for example. B immediate payment of a fee, payment of a fixed fee for the use of the material in a research or experimentation environment).

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