ブックタイトル2013ATCC

概要

2013ATCC

1ATCCMaterial Transfer Agreement(MTA)に関するFAQ一般的なご質問What is a Material Transfer Agreement (MTA)?⇒Material Transfer Agreement(MTA)とは何ですか?An MTA is a contract that governs the transfer of tangible research materials between two organizations when therecipient intends to use it for his or her own research purposes. The MTA protects the rights of all parties involvedin the exchange of biomaterials from the original depositor and distributor of the material to the end-user. The useof MTAs is widespread in today's research and development environment. They are used for transfers of materialsto and from universities, government agencies, commercial firms, nonprofit organizations and others. Please go tothe ATCC website to view the current ATCC Material Transfer Agreement.ATCC MTA Material Transfer Agreement1234567892Who should sign an ATCC MTA?⇒誰がATCC MTAにサインすべきですか?The ATCC MTA must be signed by an individual on behalf of the Purchaser’s organization capable of legallybinding the organization in contract (e.g. president, vice-president, company officer, dean, or provost, but not auniversity department chairman or research scientist ).注意:日本国内でATCC生物資源をご利用いただく場合においては、分譲依頼書にお客様ご自身で直筆のご署名を頂く事により、ATCC MTAへご同意頂いたものとみなし、ATCCへ発注手続きを行っております。(ご参照:本冊子90ページ)MTA原文3Why is an MTA important?⇒なぜMTAは重要なのですか?All users of ATCC products must have an active account and must agree to the terms of the ATCC MTA effectiveat the time of order placement, or as agreed in a previously executed blanket ATCC MTA, prior to receivingproducts from ATCC or its licensed distributors, because:1. It protects the rights of ATCC from claims relating to the use, handling, storage and disposal of the materials.2. It defines the duties of the recipients and their institutions, including the responsibility to properly handle, useand dispose of the materials according to applicable laws and regulations.3. It protects the rights of the recipients by offering the terms of a warranty, which guarantees that if the receivedmaterials are not viable, the recipient is entitled to a refund or replacement at ATCC's sole option.4. It prevents uncontrolled distribution of Biological Materials by requiring a specific Investigator be listed on eachSales Order and by having reporting requirements for all transfers of Modifications and Unmodified Derivatives(defined below).MTAに関するFAQ4How does the ATCC MTA follow the Universal Biological Material Transfer Agreement (UBMTA)?⇒どうしてATCC MTAはUniversal Biological Material Transfer Agreement (他機関共通試料提供契約書:UBMTA)を追従しているのですか?The UBMTA defines modifications as substances created by the recipient which contain/incorporate the biologicalmaterial. The UBMTA also states that the recipient retains ownership of a modification except the material includedtherein. The ATCC MTA defines modifications as substances created by the purchaser which contain and/orincorporate a significant or substantial portion of ATCC Material. Like the UBMTA, the ATCC MTA states that thepurchaser retains ownership of a modification but does not acquire the ownership of the ATCC Material includedtherein.While the UBMTA permits third party transfers of modifications, it is also under a separate implementing letter oran agreement at least as protective of the Provider’s rights. The UBMTA also states that written authorization fromthe Provider must be obtained for commercial use.The ATCC MTA is similar to the UBMTA with regard to transfers. It has been recently updated so that bothModifications and Unmodified Derivatives (defined below) may be transferred from Purchaser’s Investigator to athird party research collaborator or to a CRO (defined below) that is performing work on the Purchaser’sInvestigator’s behalf. Similar to the UBMTA, it requires a separate agreement between the transferring institutionsthat is at least as protective as the ATCC MTA and requires ATCC’s written permission before any Commercial Usecan be permitted.85