(For Research Office Use Only): MTA Agreement No: Date Received from PI:

Imperial College

Materials Transfer Agreement (MTA) Questionnaire for Materials-In

All PI’s must complete the following so that the Research Office may determine whether the proposed MTA is acceptable to Imperial, and arrange for signature of the MTA, if appropriate. Please note – incomplete answers may delay processing.

NB. If the material you require is commercially available, this is often the best route to take when you want the material quickly. Even the most ’recipient-friendly’ MTAs involve certain minimum obligations towards the provider – eg having to supply the provider with a report of the research undertaken with the materials. Buying the material means that it comes with absolutely no strings attached!

Many MTAs provided by pharmaceutical companies attempt to claim as much intellectual property as possible from the research done using their materials. Trying to obtain a fairer position for Imperial and negotiating such MTAs can often take 2-3 months. Often these MTAs are so one-sided that it can take half a day’s work for an experienced negotiator to produce a more even-handed draft, and sometimes several rounds of drafting are involved.

Name of Requesting PI, Department and Faculty

Name of Institution Providing the Materials

Provider Scientist Name: Email:

Provider Scientist Tel:

Any other Provider Contact Details

Name: email:

Job title/Department (if known):

Tel:

Description of the materials

1. Are the materials available commercially? (eg via the Sigma-Aldrich catalogue. Please can you check before answering this question).

Yes No

2. Please give details of any non-commercial funding for the research in which you will be using the material. (eg EPSRC grant; Wellcome Trust, CRUK, Gates Foundation, etc).

See explanatory note[1]

3. What do you intend to use the materials for? Please state whether the materials are intended for use in human subjects (Please give a brief 2 to 3 sentence synopsis of the research).

4. Are you collaborating with any non-Imperial researchers on this project or need to share the materials (or modified derivatives) with them?

Yes No If yes, Name of Investigator: Institution:

5. Will any industrial or commercial funding (including “in kind” contributions) be used for your research using the material, or is the research otherwise conducted under any written agreement?

Yes No

If yes – please specify name of Sponsor organisation and the nature of the funding, support or agreement.

6. Will any students or visiting fellows be working on the research using the materials? Or anyone who would not be classed as an employee of Imperial? If so – please name them below and give details of the funding sources for such persons. Please also indicate if you as PI are a member of MRC External Staff.

7. If students will be using the materials, will their research using the materials form part of a thesis?

Yes No

8. Do you intend to modify the material in any way?

Yes No

(If yes – please give details):

9. Do you intend to incorporate the material into something else or combine it with other material?

Yes No

(If yes – please give details and specify whether the other material was obtained under an MTA):

10. Will the materials be used together with other materials provided by a third party?

Yes No

If yes – please give details of the other materials and which institute provided them. (Was the other material obtained under an MTA?):

11. Does the Material require handling using more than standard laboratory precautions or safety measures?

Yes No

12. Is the material:

Yes / No
of human origin?
to be used in humans (in your research)?
known to be toxic?
readily available from another source?

13. In your opinion, how likely is it that your research with the materials will generate any invention or significant intellectual property?

Extremely unlikely
Unlikely
Possible
Difficult to say

14. Did you approach the provider of the materials?

Yes No

15. Will the work be for the benefit of the provider?

Yes No

16. Were you approached by the provider to evaluate their materials?

Yes No

(If Yes – you may wish to consider suggesting a consultancy agreement to the provider. The RO can be contacted for further advice). See explanatory note[2]

17. Do you have any concerns regarding the terms of the MTA? If so – please list below:

18. Please acknowledge your obligation to:

Assign patentable inventions made using the Materials to Imperial under Imperial’s IP Policy. / Acknowledged
Refrain from distributing the Materials to others either internally or externally (unless distribution to named persons is permitted by the MTA). / Acknowledged
Inform the Research Office about inventions made using the Materials. / Acknowledged
Provide drafts of proposed publications and/or reports on the research using the Materials (if required by the Provider). / Acknowledged
Destroy or return Materials to Provider on completion of the research project or on expiry of the MTA (as specified in the MTA) / Acknowledged

Once you have completed and signed this form, please return to

email address:

Please note that the proposed MTA may require amendments in order to:

(i)  protect your / Imperial’s intellectual property

(ii)  ensure that it does not conflict with either your current grant funding or pre-existing research contracts with other sponsors.

We will endeavour to negotiate any amendments as quickly as possible and appreciate your cooperation during this process.

Upon execution of an MTA it will be the responsibility of the PI to make arrangements with the Provider for transportation and delivery of the requested material. Any transportation costs will need to be met by the PI or their Department

Please don’t hesitate to add any further information that you think may be helpful.

[1] Please be aware that the majority of UK charitable funders now have terms and conditions of grant funding which state that Imperial is unable to grant rights to third parties to the intellectual property arising from research that the relevant charity has funded (without the charity’s prior written consent). Where the materials provider is a commercial company that is unwilling to negotiate the terms of the MTA, an impasse is often reached – as Imperial can not enter into an MTA that would put it in breach of an existing grant agreement. Where the RO informs the PI that the materials provider is unwilling to change the provisions of the MTA, it will be the responsibility of the PI to contact his/her grant liaison officer or other contact at the charity to enquire how to proceed and/or whether the charity can confirm that it is willing to waive its grant-funding provisions relating to IP for the particular research plan involving the requested materials. Please contact the RO for advice regarding confidentiality before sending a third party’s MTA to the charity.

[2] Where a commercial company approaches you to evaluate a new kit or reagent of theirs consider whether an MTA is the most appropriate. If the evaluation is likely to take at least a week of your time you may prefer to suggest a consultancy agreement to the company. Please contact the RO for advice.