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Model Contractual Clauses, Codes of Conduct, Guidelines, Best Practices and/or Standard
(A19A20)
last updated: 01 Feb 2017
Global Genome Biodiversity Network Guidance: Material Transfer Agreements
EN
- Model contractual clauses
10th and Constitution Ave NW, MRC106, PO Box 37012
Washington D.C.,
20013-7012,
Phone: 202-633-2460,
Fax:
Email: barkerk@si.edu,
Website: http://www.ggbn.org/ggbn_portal/,
open access
EN
GGBN’s original requirements were for an MTA that would:
• cover both temporary and permanent transfer (including material to be destroyed during analysis or at the end of the agreement).
• be for use between members of the GGBN, not between members of the GGBN and other bodies.
• deal with non-commercial USE, with COMMERCIALISATION only permitted with permission from the supplier.
• be restricted in coverage to genomic samples and analyses.
It became apparent that a single MTA would not cover all requirements. For outgoing material, the requirements for temporary transfer of material (loans) and permanent transfer are very different.
• Temporary transfer / loan refers to material where there is no change of ownership in the transaction. The Material may not be returned in whole or in part if it is consumed by analysis.
• Permanent transfer refers to material where there is a change in ownership, the new owner taking on the rights and responsibilities attendant on the material.
In addition to MTAs covering outgoing material it was decided that one covering incoming material would be useful. As a result, the following MTAs were developed for both member and non-member use:
MTA 1 - GGBN Standard Material Transfer Agreement for provision of Genomic samples with no change in ownership
MTA 2 - GGBN Standard Material Transfer Agreement for provision of Genomic samples with change in ownership
MTA 3 – GGBN Standard Material Transfer Agreement for receipt of Genomic samples with change in ownership
EN