Nandita Chowdhury Material Transfers

1. Nandita Chowdhury Material Transfers 4 December 2009

2. Material Transfer Process • Researchers reads publication by their colleagues from the Scientific community and is interested in duplicating results. • Researcher is contacted by researchers from other organization to provide the Material • Researcher contacts researchers from other organization to obtain their Material. • Commercial, for-profit organization is interested in using Researcher’s Material for its internal evaluation

3. Material Transfer Process • Researcher fills out Material Transfer Request Form to provide office reviewing/signing the MTA information on: • The material • Research funding for research with the incoming material (industry or non-profit) • Research funding used for developing the outgoing material • Brief description of research • Whether or not researcher expects IP of commercial value

4. Materials may be transferred • Without a Material Transfer Agreement • Using Uniform Biological Material Transfer Agreement (UBMTA ) • Using Simple Letter Agreement (SLA) • more information on UBMTA and SLA can be found at www.autm.net http://www.autm.net/Technology_Transfer_Resources1/3875.htm • Under a negotiated MTA

5. ISSUES DETERMINING TYPE OF MTA • Reasons to protect confidentiality • Research with incoming Material involves background Institutional IP • Material is/will be disclosed to technology transfer office for commercialization • Third party rights to the Material • Recipient of Material is Industry

6. ISSUES DETERMINING TYPE OF MTA CONTINUED • Progress Report on use of Material is needed • Human Tissue or Hazardous Material • If the Institution is receiving party of a Material, typically the Provider determines the type of Agreement • For transfers between academic institutions, we can try to see if no MTA, UBMTA, or SLA would work. • The type of background IP is involved in the researcher’s research with the Material.

7. NO MTA Initiative “NO MTA”s may be used when Researcher fills out MTA request form and checks on No MTA, and provided that • there are no conflicting obligations to existing research sponsors and licensees and • when our researcher and their research colleagues elsewhere are exchanging non-hazardous or non-human biological materials for in vitro research use • Information on signing up for no MTA initiative- from Ms. Kathy Ku at Stanford University at: kathy.ku@stanford.edu.

8. Available Agreements

9. Available Agreements Continued

10. Issues that concern a typical academic institution • It‘s right to publish its results • Indemnity/Liability • UBC cannot indemnify a third party (industry or academic) • For Institutions who are allowed to indemnify, limiting the indemnity • If an industry uses institution’s results or Material, it must indemnify institution for the industry’s use of results or Materials. • Disclaimer of warranty for results, data and inventions from academic research

11. Questions/concerns • Questions or concerns that you want to share.

12. Clauses of concern/discussion • How have your institutions dealt with • Animal Care Clauses from Pharmaceuticals/Industry? • US Export Control laws?

13. Contact Nandita Chowdhury University-Industry Liaison Office The University of British Columbia #103 – 6190 Agronomy Road Vancouver, BC V6T 1Z3 nandita.chowdhury@uilo.ubc.ca Tel: 604-822-8020Fax: 604-822-8589 Web: www.uilo.ubc.ca