Negotiating Material Transfer Agreements

About the Course:

The sharing of materials among researchers employed by different institutions does not lend itself to cut-and-paste agreements. Material Transfer Agreements ("MTAs") have ramifications in terms of future rights to resulting inventions, for future licensing agreements and for publication rights. Failure to properly map the national origin of researchers with dangerous biologics, chemicals or materials used in the development of nuclear energy can have draconian consequences for all parties involved.

This webinar provides a thorough overview of the negotiations surrounding Material Transfer Agreements between:

  • Academic institutions-to-academic institutions
  • Industry players-to-academic institutions
  • Academic institutions-to-industry players
This session provides listeners with sources and governing legal parameters for MTA protocols from the likes of the Bayh-Dole Act, The National Institutes of Health, and The Uniform Biological Material Transfer Agreement. Also, specific language is provided that may be used in drafting provisions relating to:
  • Materials Definitions
  • Scope of Inventions
  • Rights to Intellectual Property
  • Publication
  • Confidentiality

The following are among the issues discussed during this webinar:

  • How feasible is it for a company to hire an investigator directly, thereby circumventing the university
  • What responsibilities does the receiving party to a MTA have in monitoring the material and its employees post-employment
  • To what extent is there consideration built in to MTAs
  • What national security concerns may arise when negotiating MTAs
  • What are the differences in "original materials", "progeny", and "unmodified derivatives"
  • What pre-publication rights does the provider of the material have
  • What kinds of complications may arise from "Zip Lock" MTAs

Course Leaders: Stephen G. Harsy, PhD, Assistant Dean, University of Wisconsin School of Medicine and Public Health

Dr. Harsy currently serves as Assistant Dean and Director of the Office of Industry Relations at the University of Wisconsin School of Medicine and Public Health. He is responsible for structuring research relationships between the School's investigators and industry collaborators, and negotiating the agreements that govern these relationships. In addition, he is the Medical School's resource for the management of conflict of interest issues arising from relationships between faculty and industry that exist outside the university.

Prior to joining the University of Wisconsin, Dr. Harsy worked for seventeen years in industry. As a corporate scientist at W. R. Grace and Company, he was awarded four patents while performing research on new methods for synthesis of specialty chemicals. For a brief period, he immersed himself in a low-tech start-up venture, establishing and operating a plant nursery, before returning to science. At Covance Laboratories, he held several positions encompassing scientific direction of FDA- and EPA-mandated regulatory studies for pharmaceutical and agricultural chemical registration, technical management, senior financial management, and full P&L responsibility for a 40-empoyeee business unit generating $6 million in annual revenue.

Emily Bauer, Licensing Manager, Wisconsin Alumni Research Foundation

Since joining WARF in 2002, Emily has negotiated licenses, material transfer agreements, and other agreements with companies in a wide range of industries. Prior to joining WARF, Emily was a senior staff analyst at an international consulting firm, where she designed custom software applications for high-tech clients.

Course Length: Approx. 1.0 hours

$175.00 PER USER

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Need help purchasing this course? Please contact Neomi Barazani at 609-919-1895 ext. 100 or at