ブックタイトル2013ATCC

概要

2013ATCC

1. Sale of a Product containing or developed with Biological Materials, such as vaccines, drugs, release assays,diagnostic kits, test kits, food products, dietary supplements, research reagents and enzymes used inmanufacturing and formulation; and2. Services provided using Biological Materials, such as testing using release assays, diagnostic kits and varioustoxicological or efficacy tests. For purposes of clarity, QA/QC release assays that utilize Biological Materialsare considered to be a Commercial Use because such testing is necessary for the final product to be deemedready for the marketplace.If you are still not sure if your proposed use of ATCC materials falls under our definition, please contact us atlicensing@atcc.org for additional information.7Is "Industrial Sponsored Academic Research" a "Commercial Use"?⇒“企業の支援を受けるアカデミア研究”は、“Commercial Use(商業的利用)”に該当しますか?Industrial Sponsored Academic Research is not considered a Commercial Use unless and until one of the partiesintends to use the Biological Materials being used in the research for a Commercial Use.8What are some examples of each of the materials listed under "Biological Materials"⇒“Biological Materials”に該当するものを教えてください。Biological Materials include the ATCC Material purchased by the end user, Progeny, Unmodified Derivatives andModifications. Materials are classified as“Progeny”if they are unmodified descendants from ATCC Materials,such as virus from virus, cell from cell, or organism from organism. Materials are classified as“UnmodifiedDerivatives”if they are substances created by a Purchaser that constitute an unmodified functional sub-unit orproduct not changed in form or character and are expressed by the ATCC Material provided by ATCC.This includes, but is not limited to, subclones of unmodified cell lines, purified or fractionated subsets of materialsprovided by ATCC, proteins expressed by DNA/RNA supplied by ATCC, and monoclonal antibodies secreted by ahybridomacell line.Materials are classified as“Modifications”if they are substances created by Purchaser which contain and/orincorporate a significant or substantial portion of ATCC Material, Progeny or Unmodified Derivatives. This includes,but is not limited to, cells that have been transfected with a reporter gene, induced pluripotent stem cells, andmesenchymal stem cells.What rights does ATCC have in Modifications and Unmodified Derivatives of ATCC Materials?9⇒ATCC Materials(ATCC試料)のModifications(修飾物質)とUnmodified Derivatives(非修飾派生物)について、ATCCはどのような権利を有していますか?ATCC’s definition of Biological Materials is set up to provide protection and define ownership for the underlyingATCC Material contained within any Modification and/or Unmodified Derivative. In no way is ATCC claimingownership over those new substances created which do not contain ATCC Material. If an end user creates a newsubstance, ATCC simply claims ownership to the ATCC Material that may be incorporated into the new substance.ATCC MTA Material Transfer AgreementMTA原文MTAに関するFAQ123456789What does“Third Party Terms”mean?10⇒“Third Party Terms”(第三者条項)とはどういう意味ですか?Although ATCC identifies, to the extent that it is known to us, any third party restrictions in our product sheets andcatalog, the Biological Materials distributed by ATCC are cleared for general distribution by the contributor of thematerial who is responsible for conveying the proprietary status of the deposit to ATCC. Because ATCC relies onits depositors to communicate any third party rights incorporated in the Biological Materials, ATCC is limited inknowing if other parties have rights to the material. For example, other parties may have filed patent applicationsthat claim a material distributed under the ATCC MTA subsequent to its initial deposit with ATCC and, as a result,a particular use may infringe on those claims should a patent issue. A Purchaser of ATCC Materials has theresponsibility for obtaining any intellectual property licenses necessitated by its possession and use of theBiological Materials.What is a CAR form/CAR restriction? How does it affect the rights conferred to me by the ATCC MTA?11⇒CAR form/CAR restrictionとは何ですか? ATCC MTAによって私が享受する権利へどのような影響がありますか?The CAR form is material specific and must be completed prior to receiving materials that may have certain permitrequirements or safety regulations that require additional protections be put in place for their use. Such protectionsinclude no transfers of any Biological Materials without ATCC’s written permission.*CAR=Customer Acceptance of Responsibility87