Model of Material Transfer Agreement (MTA) for research, breeding, training and conservation purposes
MATERIAL TRANSFER AGREEMENT
1. This Material Transfer Agreement is made between:
(Name, position, institution, country) ……………………………………………………………. ……………………………………………………………………………………………………………………. ……………………………………………………………………………………………………………………. (hereafter referred to as ‘the provider’) and (Name, position, institution, country) …………………………………………………………….. ……………………………………………………………………………………………………………………. ……………………………………………………………………………………………………………………. (hereafter referred to as ‘the recipient’)
2. Obligations of the provider
a. The provider agrees to transfer to the recipient the following biological material ……………………………………………………………………………………………………………………. ……………………………………………………………………………………………………………………. ……………………………………………………………………………………………………………………. (hereafter referred to as ‘the material’):
b. The provider agrees to transfer available information related to the material, such as passport data and agronomic and evaluation data.
c. The provider makes no warranties as to the identity, safety, quality, viability or purity of the material being furnished, nor as to the accuracy or correctness of any passport and other data provided with the material.
3. Obligations of the recipient
a. The recipient can use the germplasm for research, breeding, training and conservation purpose, without any commercial objective.
b. In the case that the recipient aims to use the germplasm for commercial purposes, the recipient commits to refer to the provider and negotiate a new material transfer agreement.
c. The recipient agrees not to claim ownership over the material, not to seek any intellectual property rights over the material and/or its genetic components. The recipient also agrees not to seek intellectual property rights over related information received.
d. The recipient agrees to share with the provider information collected during the utilization of the material, including information about the performance of the material, breeding methods applied for the improvement of the material, and agronomic techniques tested with the material.
e. The recipient agrees to acknowledge the source of the material if used in research publications.
f. The recipient may distribute the material and related information to third parties, provided that such parties accept the same obligations that this agreement imposes on the recipient.
g. The recipient will inform the provider about transfers of the material to third parties.
h. The recipient assumes full responsibility for complying with the recipient nation’s quarantine and biosafety regulations and rules as to import or release of biological material.
Place,
date and
signatures ………………………………………………..