Yes. The ABOR IP Policy (ABOR Policy 6-908 Intellectual Property) makes it clear that “Tangible Research Property” (including research property like tools, prototypes, records, etc.) all fall under the IP policy and ABOR ownership. As such, we are required to follow the procedures applicable to any transfer of ABOR IP. It is considered a misuse of University Assets to transfer materials without the proper agreements, and without the proper signature authority.

When sending any research property such as research tools, prototypes, and records used or produced in the course of university research projects, and all Intellectual Property rights to a third party. Examples include (1) hybridoma or clonal cell lines that produce monoclonal antibodies or recombinant proteins, (2) plants protected by the Plant Variety Protection Act, (3) prototype instrumentation or devices (4) compounds and (5) research records and documentation (6) software. If the recipient is located outside the US then export control will apply.

An authorized representative with signature authority from the university.  For outgoing MTAs, solely TLA has the authority to sign MTAs. Faculty and researchers do not have the authority to sign MTAs on behalf of the university.

Sponsored Projects and Contract Services (SPCS) and UAHS Contracts handle MTAs for inbound materials.

There are many reasons that an academic transfer is appropriately handled through an MTA. Issues including but not limited to liability, export regulations, academic acknowledgment, publications, control of the material and its uses, intellectual property, and access to proprietary information, mitigating disputes are some examples of that demonstrate the need for an MTA. It is critical that transfers to academic collaborators be as unrestricted as possible. TLA works with you to assure that the transfer of the material meets both your and your colleagues' needs to continue advancing research.

In the majority of transfers, the MTA will not need to be revisited and it simply provides a mechanism for the proper transfer of materials. In some cases where a dispute may arise or the materials are particularly valuable, the MTA terms may be critical in mitigating the dispute.

While the vast majority of MTAs do not have any associated fees, it is sometimes appropriate to charge the recipient a nominal fee. The fee is meant to offset costs incurred by the provider for making, preparing and/or shipping and handling of the material.

Often a license is not required, however before committing to the transfer of a material to a foreign party, TLA works with the export control office to determine whether there may be an export licensing requirement or other sanctions or restrictions associated with the foreign recipient.

Many biological materials are controlled for export under the Export Administration Regulations (EAR) and materials that may be used in chemical or biological warfare and may be subject to control under the International Traffic in Arms Regulations (ITAR). Additionally, certain foreign entities (including academic or non-profit research institutions) may have specific prohibitions, and certain countries have sanctions that restrict all exports, regardless of their status listed on the commerce control list. Even if a transfer of material is unintentional, civil and criminal penalties for violations or improper sharing of materials may be incurred if they violate either the EAR or ITAR.

Specific laws and regulations control the possession, use, and transfer of certain biological agents and toxins that have the potential to pose a severe threat to public health and safety.

The Centers for Disease Control and Prevention (CDC) and US Department of Agriculture (USDA) regulate the possession, use, and transfer of certain biological agents and toxins. The rules are extensive and can sometimes require registrations, certificates, and background checks for investigators. The UA biosafety office is a good resource if there are concerns related to the transfer of such materials. TLA will work with you provide guidance on any such transfers.

No. Any tangible property including prototypes, software, code, devices, research tools require an MTA.

UAHS contracts handles all outbound MTAs for human derived materials such as tissue, cell lines, blood or other such materials.