Material Transfer Agreement (MTA) in the Context of Scientific Research from the Point of View of German Law

Abstract

The exchange of information and materials within the framework of research projects can be managed in different ways. In most cases a so-called “Material Transfer Agreement” (MTA) is necessary. What looks like a simple ascertainment of rights and duties of the contracting parties, is clearly more fraught with risks than it looks at first sight. An individual arrangement and initial negotiation are necessary to prevent legal risks and not to burden the cooperation between the contracting parties and scientists with legal conflicts and uncertainties. Of course, confidential clauses shouldn’t be missing. While the precise regulations of the scope of work serves the concretion of the subject matter of the contract, clauses for the protection of property and IP rights regulate the handling with the research and possible publications regarding the use of the provided materials and their specific ownerships. The following will deal with the areas of application, the requirements and the regulatory content of this important type of contract.