Material听Transfer Agreements (MTAs) are听legally binding contracts used to transfer tangible research material听between two organizations听(the provider and the recipient). MTAs specify the recipient's permitted uses of the material, determine rights granted to each party, and provide protections for听each party's intellectual property.

MTAs define听the material being transferred and sets forth terms and conditions with respect to issues such as ownership, permitted uses of the material, publication of results, development of inventions and liability. Establishing conditions prior to the transfer of material avoids issues and misunderstandings after the research has begun. Breaching an MTA creates legal and financial risks for the institution and researchers involved.

Outbound听MTAs allow CU Boulder researchers to provide materials to recipients while protecting CU Boulder鈥檚 intellectual property (IP).

Inbound听MTAs from providers establish听CU Boulder鈥檚 publication and IP rights听arising from the research and听preserve听IP rights in the provider's materials.CU Boulder negotiates and executes听MTAs on a case-by-case basis because each situation may necessitate different terms and conditions.

How to Initiate a Material听Transfer Agreement

Contract Administrators in the听Office of Contracts and Grants (OCG) are the authorized representatives on behalf of CU Boulder for negotiation and execution of MTAs.听Requests for both inbound and outbound MTAs can be initiated through the MTA Online Request听Form.

Once the MTA request听received, a Contract Administrator will perform due diligence of the request, as follows:

  1. Conduct an initial review and thorough听analysis of the request.
  2. Correspond with the CU Boulder Principal Investigator (PI), asking additional questions to ensure comprehensive understanding of the necessity and needs of the contract.
  3. Collaborate with Venture Partners at CU Boulder, the Office of University Counsel, the Office of Research Integrity, the Office of听Environmental Health & Safety, the Facilities Security Officer and other campus offices as necessary to ensure compliance with CU Boulder听policies.
  4. Negotiate and correspond听directly with the other party's contractual point of contact while copying the PI for transparency.
  5. Coordinate execution once negotiations are final.

Please note:听The delegation of signature authority for MTAs at CU Boulder is held by OCG. PIs听cannot sign MTAs on behalf of CU Boulder.

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Transferring Export Controlled Material

All transfers of research materials, software, or data must comply with export control and trade sanction regulations.

Under U.S. export control laws, a license may be required from the Bureau of Industry and Security of the Department of Commerce for the export of certain materials. There are, for instance, controls on the export of materials that could possibly be used in chemical or biological weapons. Examples of such materials include human pathogens, zoonosis, toxins, animal pathogens, genetically modified microorganisms, plant pathogens, radioactive materials, magnetic metals, propellants and ceramic materials.

A PI who is planning to transfer materials outside the United States, that are controlled by the Department of Commerce or the Department of State should work with the CU Boulder鈥檚 Office of Research Integrity to obtain the required license. There are civil and criminal penalties for violating the Export Administration Regulations. For more information, please consult CU Boulder's听.