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Use and Misuse of Material Transfer Agreements: Lessons in Proportionality from Research, Repositories, and Litigation

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  • Tania Bubela
  • Jenilee Guebert
  • Amrita Mishra

Abstract

Material transfer agreements exist to facilitate the exchange of materials and associated data between researchers as well as to protect the interests of the researchers and their institutions. But this dual mandate can be a source of frustration for researchers, creating administrative burdens and slowing down collaborations. We argue here that in most cases in pre-competitive research, a simple agreement would suffice; the more complex agreements and mechanisms for their negotiation should be reserved for cases where the risks posed to the institution and the potential commercial value of the research reagents is high.The material transfer agreements designed to facilitate the exchange of materials between researchers are unnecessarily burdensome and obstructive and in most cases could be replaced by simpler tools.

Suggested Citation

  • Tania Bubela & Jenilee Guebert & Amrita Mishra, 2015. "Use and Misuse of Material Transfer Agreements: Lessons in Proportionality from Research, Repositories, and Litigation," PLOS Biology, Public Library of Science, vol. 13(2), pages 1-12, February.
    • Handle: RePEc:plo:pbio00:1002060
    DOI: 10.1371/journal.pbio.1002060
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    References listed on IDEAS

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    1. Walsh, John P. & Cohen, Wesley M. & Cho, Charlene, 2007. "Where excludability matters: Material versus intellectual property in academic biomedical research," Research Policy, Elsevier, vol. 36(8), pages 1184-1203, October.
    2. Philippe Aghion & Mathias Dewatripont & Julian Kolev & Fiona Murray & Scott Stern, 2010. "The Public and Private Sectors in the Process of Innovation: Theory and Evidence from the Mouse Genetics Revolution," American Economic Review, American Economic Association, vol. 100(2), pages 153-158, May.
    3. Elizabeth Popp Berman, 2015. "Creating the Market University: How Academic Science Became an Economic Engine," Economics Books, Princeton University Press, edition 1, number 9619.
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    1. Jane Nielsen & Tania Bubela & Don R C Chalmers & Amber Johns & Linda Kahl & Joanne Kamens & Charles Lawson & John Liddicoat & Rebekah McWhirter & Ann Monotti & James Scheibner & Tess Whitton & Dianne , 2018. "Provenance and risk in transfer of biological materials," PLOS Biology, Public Library of Science, vol. 16(8), pages 1-9, August.

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