The sharing of tangible research materials typically requires a Material Transfer Agreement (MTA) between the provider and recipient. An MTA is a legal contract to protect the rights of both entities to set terms and conditions regarding intellectual property, ownership, publication, permitted use, and liability.
To help determine if an MTA is necessary:
- Does the material contain Boise State intellectual property? If you are uncertain contact OTT.
- Is the intellectual property of the material subject to the terms of a sponsored research agreement?
- Does the material contain intellectual property provided by a third party?
- Was the material originally received from a third party that restricts its further transfer?
- If you are to receive the material, does the provider want Boise State to sign an MTA?
If you answered NO to all of these questions, contact Environmental Health, Safety, and Sustainability for assistance with shipping your material appropriately.
If the material is leaving the country, regardless of whether an MTA is required, you must contact Export Controls for review.
If you answered YES to any of the above questions, please complete an MTA Request Form.
Additional Questions?
See the FAQs below or Contact Us at techtransfer@boisestate.edu.
Material Transfer Agreements FAQ
What are examples of tangible research materials?
—Tangible research materials are items with commercial value or intellectual property. Examples include, but are not limited to: biological materials (e.g. human and animal tissues and cell lines, vectors, and plasmids), chemicals, prototypes, software, code, devices, research tools.
Who has the authority to sign an MTA?
—Only representatives with signature authority granted by the university to legally bind Boise State may sign MTAs. MTAs signed by individuals who are not authorized signers are invalid and unenforceable. For MTAs, only OTT has the appropriate signature authority to bind the university. Faculty and staff do not have the authority to sign MTAs on behalf of the university.
What is the MTA process?
1. The University investigator completes an MTA Request Form. The OTT and the Office of Research Compliance(ORC)Â will review the request to determine transfer requirements:
a. OTT, with General Counsel, determines the agreement terms and conditions.
b. ORC determines applicable compliance committee review for materials being transferred to the University.
c. ORC may notify the Conflict of Interest Officer regarding the transfer.
d. ORC may notify Environmental Health, Safety and Sustainability if the material may be hazardous.
2. The investigator works with applicable University departments to complete the transfer requirements.
3. The material is transferred.
Can I send the materials before the MTA is signed?
—No, the MTA must be executed by all parties before the material(s) can be sent or received.
How long does this process take?
It depends on a number of factors, such as:
- With whom the investigator is transferring materials (domestic, international, higher education, non-profit, industry)
- The material’s sensitivity and potential intellectual property value
- Requirements of the MTA terms and conditions (OGC review, if necessary, up to 3 weeks)
- Agreement is needed on all pertinent information from provider’s and recipient’s organizations.
- Compliance committee protocol and approval requirements (if necessary, up to 6 weeks)
Is it acceptable to charge fees for the transfer of materials?
—Most MTAs occur without any associated fees. In some situations it may be appropriate to include a nominal charge to the recipient. This fee is to offset the costs incurred by the provider in making, preparing and/or shipping the material.
What is UBMTA?
—The UBMTA is the uniform biological material transfer agreement. A number of institutions have agreed to accept this MTA for the transfer of biological materials.
Boise State University is a signatory to the UBMTA, which means that for certain biological materials, we may not need to negotiate the terms and conditions of an MTA but could simply execute a UBMTA implementing letter to the other party.
Please note that not all biological materials can be transferred under the UBMTA mechanism, and not all institutions accept the UBMTA.