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Material Transfer Agreement (MTA)
Frequently Asked Questions

Please note: the answers provided in these FAQs are by way of example only. They do not purport to provide legal or professional advice and may not be relied upon for such purposes. Wherever a specific concern is encountered with a contract or issue, you should contact your institution's contracts team.

What is a Material Transfer Agreement?

A Material Transfer Agreement (MTA) is a legal contract that governs the transfer of a material that is owned by one researcher or institution to another researcher or institution for research purposes.

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Why do I need to use an MTA?

Releasing materials from your institution (Outgoing): An MTA will protect your interests by clearly setting out what the researcher can do with your material and limiting the liability risks for both you and your institution. For example, if you want to be informed of the results of the research or restrict the use of the material to a specific project, you need an MTA. Similarly, if the material is hazardous, infectious or subject to special regulation, an MTA will protect you against liability for having provided it to the researcher.

Bringing materials into your institution (Incoming): An MTA will protect your interests by clearly setting out what you can and can’t do with the material so that there is no confusion or dispute between the parties. For example, the institution providing the material may wish to restrict or control any publications relating to the material they have provided. To ensure that you retain your academic freedom, the contracts officer at your institution will work with the other party to safeguard your ability to publish.

Ultimately, all WORLDiscoveries™ institutions (Western, Robarts and Lawson) require all transfers of material either in or out of the institution to be covered by an MTA.

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What is the process for getting an MTA in place?

The process for getting an MTA in place is as follows:

  1. Submit an MTA request to WORLDiscoveries™
    To request an outgoing MTA, complete the online MTA (outgoing) request form. Western and Robarts researchers may contact Goretti Fordyce directly if they have any questions or wish to enter into an incoming MTA, while Lawson researchers should contact Todd Copeland.
  2. MTA prepared / reviewed by your institution
    In the case of an outgoing MTA, an officer from your institution will prepare an MTA tailored to your circumstances and based on the information you provide. In the case of an incoming MTA, if the researcher or institution has provided you with an MTA for your use of the material, a contracts officer from your institution will review the MTA to ensure it is appropriate for your circumstances and does not interfere with your academic freedom. In the rare cases where the researcher or institution does not have an MTA, the contracts officer will tailor an MTA for the circumstances.
  3. MTA signed by both parties
    The contracts officer assigned to your MTA will liaise with the researcher’s institution to finalize the MTA and have it signed by both their institution and Western, Robarts or Lawson. The Principal Investigators (aka the Providing and Recipient Scientists) from each institution will be asked to sign an acknowledgment which indicates that they are aware of and agree to the terms of the Agreement and the conditions attached to use of the material being transferred.
  4. Release of material
    As soon as the providing and recipient institutions each have copies of the signed MTA, the material may be transferred to the recipient scientist.

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What can happen if I don’t use an MTA? or if I review and sign an MTA myself?

Outgoing: It depends on the circumstances, but in general, if you fail to use an MTA when sending out materials there can be significant adverse consequences for both you and the your institution. Without an agreement in place, you are releasing the material to the recipient researcher without any limitations or contractual rights or remedies. The recipient could send the material to other researchers and publish results regarding use of the material without notifying you or obtaining your consent. In addition, both you and the University could be exposed to liability for use (or misuse) of the material by the recipient. It can also complicate matters down the line if the researcher creates something using your material. For these reasons, it is essential that you do not send materials to other researchers without an MTA.

Incoming: Again, it depends on the circumstances, but in general, if you fail to use an MTA when receiving materials from other researchers, your rights to use the material may be limited. For example, if there is no agreement in place, you may find that if you subsequently discover something or create something using the material, your ability to protect and distribute that discovery or invention may be compromised.

Furthermore, if you use an MTA, but sign it yourself (without having it reviewed or signed by your institution's authorities), the agreement may not be enforceable. An MTA that is not signed by an authority that can bind your institution may not be valid and the signatory may be personally liable for any claims that arise relating to the agreement.

For these reasons, it is essential that you do not send materials to other researchers without having an MTA in place and reviewed by your institution's contracts team.

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What kind of information is required to prepare an Outgoing MTA?

A contracts officer from your institution will work with you to ensure the MTA is appropriate for your circumstances. For this reason, you should inform the officer if:

  • The material is particularly valuable and you want additional protection covering things like ownership and rights to use.
  • The material is related to an invention or discovery
  • The material is particularly sensitive and you would like it to be kept confidential with limits on publication
  • You want to control how the material is used and who it is used by, such as by restricting student access.
  • You want to receive reports from the researcher on the results of their use of material

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What issues can be found in an Incoming MTA?

You may be presented with an external MTA that includes provisions that can compromise your ability to publish or expose your institution to significant liability risks. For this reason, it is essential that all MTAs are reviewed by your institution's contracts team. They will review the MTA to ensure that:

  • You are not restricted from publishing
  • The MTA does not give the external institution excessive rights of ownership to any modifications you make to the materials or any new discoveries or inventions you create through your use of the MTA
  • The MTA does not impose inappropriate indemnification or liability terms on your Institution
  • The MTA does not conflict with any other obligations relating to funding or other aspects of your research project

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What regulatory compliance issues should I be aware of?

When transferring materials between two institutions or researchers, there are many regulatory compliance issues which both your institution and the institution receiving the materials needs to address. This is why an MTA is so essential. Common regulatory compliance issues relate to:

  • Toxic and hazardous materials
  • Radioactive items
  • Animal materials or materials derived from animals
  • Human samples
  • Drugs

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Who can sign an MTA?

As an MTA binds the Institution, it can only be signed by an officer of the institution who has the necessary signing authority. At Western, this includes the Director of WORLDiscoveries™ and the Vice-President of Research & International Relations, for example. The Principal Investigator (aka Recipient or Provider Scientist) will also be required to sign the MTA to acknowledge that they are aware of the terms and conditions attached to the materials.

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Who should I contact if I have more questions about MTAs?

Please contact the representative in charge of arranging MTAs for your institution if you have any further questions. They are:

  • Western & Robarts: RD&S Contracts Research group. Contact Goretti Fordyce, Agreements Coordinator, 519-661-2111 ext 80180 with any questions.
  • Lawson: contact Todd Copeland, Manager, Technology Development & Commercialization, 519.685.8500, ext. 77722.

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WORLDiscoveries™ partners in London Ontario include Research Western, Lawson Health Research Institute and Robarts Research Institute University of Western Ontario Robarts Research Institute Lawson Health Research Institute C4 Consortium of southwestern Ontario technology transfer offices