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Innovation for the 21st CenturyHarnessing the Power of Intellectual Property and Antitrust Law$
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Michael A. Carrier

Print publication date: 2009

Print ISBN-13: 9780195342581

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780195342581.001.0001

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Biotechnology Dilemma 2: Material Transfer Agreements

Biotechnology Dilemma 2: Material Transfer Agreements

Chapter:
(p.279) 12 BIOTECHNOLOGY DILEMMA 2: MATERIAL TRANSFER AGREEMENTS
Source:
Innovation for the 21st Century
Author(s):

Michael A. Carrier

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195342581.003.0012

This chapter focuses on material transfer agreements (MTAs). Scientists frequently need and request materials owned by others. The most common request involves biological materials such as genes, cell lines, tissues, and organisms used to create new products. Each of these materials is an input in the research and development (R&D) process, allowing scientists to create new products that eventually could be used by the public. In many cases, the recipient must sign an MTA, which can be defined as a contract between the owner of a material and a party that wishes to use the material for research purposes. MTAs present at least five threats to innovation in the biotechnology industry: (1) withheld materials, (2) abandoned research lines, (3) delays in receiving material, (4) publication restrictions, and (5) other harms. The chapter offers a proposal to address these concerns.

Keywords:   biotechnology industry, research, material transfer agreements, MTA, reach-through licenses, stem cells, Wisconsin Alumni Research Foundation, WiCell Research Institute, uniform biological MTA, NIH

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