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Uniform Biological Material Transfer Agreement

Uniform Biological Material Transfer Agreement Template for Germany

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Key Requirements PROMPT example:

Uniform Biological Material Transfer Agreement

"I need a Uniform Biological Material Transfer Agreement for transferring stem cell lines from Max Planck Institute to University of Munich for a collaborative research project starting March 2025, with specific provisions for joint publication rights and data sharing."

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Document background
The Uniform Biological Material Transfer Agreement (UBMTA) is a standardized contract designed to streamline the process of transferring biological materials between organizations while ensuring compliance with German legal requirements and EU regulations. This document is essential when research institutions, universities, or companies need to transfer biological materials for research purposes. It incorporates provisions from key German legislation including the Genetic Resources Act, German Patent Act, and Genetic Engineering Act, while addressing crucial aspects such as material handling, intellectual property rights, biosafety requirements, and liability limitations. The agreement is particularly relevant in scenarios involving research collaboration, academic studies, or scientific investigation where biological materials need to be shared under controlled and legally compliant conditions.
Suggested Sections

1. Parties: Identification of the Provider and Recipient institutions, including full legal names, addresses, and authorized representatives

2. Background: Context of the agreement, including the purpose of the material transfer and the relationship between the parties

3. Definitions: Detailed definitions of key terms, including 'Material', 'Progeny', 'Unmodified Derivatives', 'Modifications', and 'Commercial Purposes'

4. Transfer of Material: Specifics of the material being transferred, including quantity, form, and delivery terms

5. Use of Material: Permitted uses of the material, restrictions, and compliance requirements

6. Confidentiality: Obligations regarding confidential information related to the material and research

7. Intellectual Property Rights: Rights and obligations regarding IP arising from the use of the material

8. Publications: Terms for publishing research results and acknowledging the provider

9. Warranties and Liability: Disclaimers, warranties, and limitation of liability regarding the material

10. Term and Termination: Duration of the agreement and conditions for termination

11. Post-Termination Obligations: Requirements after agreement termination, including material disposal or return

12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

13. Miscellaneous: Standard provisions including severability, entire agreement, and amendments

Optional Sections

1. Biosafety Level Requirements: Special handling requirements for materials requiring specific biosafety levels

2. Commercial Use Provisions: Additional terms if commercial use might be contemplated in the future

3. Third Party Rights: Provisions regarding third party rights in the material or modifications

4. Export Control: Specific provisions for materials subject to export control regulations

5. Data Protection: Additional data protection provisions when personal data or genetic information is involved

6. Cost and Payment: Terms regarding payment for material preparation and shipping when applicable

7. Material Tracking Requirements: Specific provisions for tracking and reporting material usage when required

Suggested Schedules

1. Schedule A - Material Description: Detailed technical description of the biological material, including origin, characteristics, and handling requirements

2. Schedule B - Transfer Details: Specific details about quantity, format, and shipping arrangements

3. Schedule C - Safety Data Sheet: Safety information and handling protocols for the material

4. Schedule D - Research Project Description: Description of the intended research project and use of the material

5. Appendix 1 - Institutional Certifications: Copies of relevant institutional biosafety and research certifications

6. Appendix 2 - Special Conditions: Any special conditions or requirements specific to the material or its use

7. Appendix 3 - Contact Information: List of key contacts for technical and administrative matters

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Material
Original Material
Progeny
Unmodified Derivatives
Modifications
Provider
Provider Scientist
Recipient
Recipient Scientist
Research Purpose
Commercial Purpose
Confidential Information
Intellectual Property Rights
Research Project
Material Transfer
Effective Date
Third Party
Derivative Material
Licensed Products
Associated Data
Biological Safety Level
Transfer Territory
Research Results
Patent Rights
Know-How
Genetic Material
Research Institution
Authorized Users
Field of Use
Improvements
Publication
Regulatory Requirements
Safety Information
Technical Information
Background IP
Foreground IP
Relevant Industries

Biotechnology

Healthcare

Pharmaceuticals

Academic Research

Agriculture

Medical Research

Life Sciences

Public Health

Environmental Sciences

Clinical Research

Relevant Teams

Legal

Research and Development

Compliance

Laboratory Operations

Technology Transfer

Quality Assurance

Regulatory Affairs

Scientific Operations

Intellectual Property

Research Administration

Biosafety

Contract Management

Relevant Roles

Research Director

Legal Counsel

Compliance Officer

Laboratory Manager

Principal Investigator

Technology Transfer Officer

Research Scientist

Biosafety Officer

Intellectual Property Manager

Research Administrator

Quality Assurance Manager

Regulatory Affairs Specialist

Scientific Operations Manager

Contract Manager

Research Compliance Coordinator

Industries
Genetic Resources Act (Gesetz zur Umsetzung der Verpflichtungen nach dem Nagoya-Protokoll): Implements the Nagoya Protocol in Germany, governing access to genetic resources and fair benefit-sharing
German Patent Act (Patentgesetz): Regulates intellectual property rights related to biological inventions and materials
German Genetic Engineering Act (Gentechnikgesetz - GenTG): Regulates the handling and transfer of genetically modified organisms and biological materials
Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG): Governs the protection of personal data, including genetic information and research data
Infection Protection Act (Infektionsschutzgesetz - IfSG): Regulates the handling and transfer of infectious biological materials and pathogens
EU Regulation No 511/2014: Compliance measures for users from the Nagoya Protocol on Access to Genetic Resources
German Civil Code (Bürgerliches Gesetzbuch - BGB): Provides the basic framework for contracts and agreements under German law
German Research Freedom Act (Wissenschaftsfreiheitsgesetz): Ensures academic freedom while regulating research activities and material transfers
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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