In principle, an MTA is a surety, i.e. a transfer of tangible property without a transfer of ownership. Under such an agreement, the supplier retains ownership of the transferred asset. The transferred property is held by the receiving party in accordance with the conditions set out in a legally binding contract. The contract therefore governs the transfer of biological material between two or more parties. In addition to the physical property rights held by the supplier, the materials may be the subject of a patent or patent application. In this case, the MTA may be obliged to take into account the transfer of IP rights and the transfer of material. The transfer of IP rights would take the form of a license, for example. B to make, use, sell, etc., i.e.
a license is the permission to do what would otherwise violate the IP rights of the provider. This Chapter deals with materials intended to be used for research purposes, generally in the absence of planned research cooperation between the supplier and the beneficiary. Such cooperation could be supported by a separate cooperation agreement that would accompany the MTA. The MTA defines the rights of the supplier and the consignee with regard to materials and derivatives of materials. A Material Transfer Agreement (MTA) is a contract that governs the transfer of research material between two organizations when the recipient intends to use it for research purposes. The MTA defines the rights of the supplier as well as the rights and obligations of the consignee with regard to the materials and any descendants, derivatives or modifications. Biological materials such as reagents, cell lines, plasmids, and vectors are the most frequently transferred materials, but ATMs can also be used for other types of materials such as chemical compounds, mouse models, and even some types of software. There is a long history of exchanging biological materials, such as plant germ or genetic herds, and most of them have been made freely and often without any form of legal agreement.
License (close) The authorization to use an IP right within a given time frame, context, market line, or area. There are important differences between exclusive and non-exclusive licenses. An exclusive license is “exclusive” to a defined extent, i.e. the license may not be the only one to be granted for a particular IP asset, as there may be many possible fields and areas of use that may also be subject to an exclusive license. By granting an exclusive license, the licensor promises that it will not grant further licenses of the same rights to the same extent or in the same area covered by the exclusive license.. . . .