Ohio Admin. Code 3364-70-12 - Material transfer policy

(A) Policy statement

All research material that are is transferred into or outside of the university of Toledo (university) must be accompanied by either an incoming or outgoing material transfer agreement "MTA", which will be reviewed and executed by a representative in the technology transfer department. "MTAs" are agreements between a supplier and a user of research materials. Such agreements govern the use of the transferred material and are necessary to protect the rights of both the provider and recipient requires review by technology transfer prior to transfer of materials.

(B) Purpose of policy

The purpose is to implement a process for the transfer of research material. This policy is designed to ensure that university has an opportunity to review the terms that accompany materials that are transferred into or outside of university of this policy is ensure that the technology transfer department has an opportunity to review the materials, as well as the terms and conditions applicable to the transfer before the transfer is initiated. This review is required as transfer may include provisions that can cause providers or recipients to lose the rights to their creations or inventions or may include language that can prevent the recipient from publishing or even continuing research. The result of this review may include a formal material transfer agreement (MTA), executed by technology transfer, which will govern the use of the material, as well as the rights of both parties.

Note: "MTAs" received from outside entities may include provisions that can cause providers or recipients to lose the rights to their creations or inventions. Additionally, these agreements may include language that can be used to prevent the recipient from publishing or even continuing his/her research.

(C) Procedure

(1) University employees are required to complete and submit an MTA checklist for all material transfers. The checklist is located at https://www.utoledo.edu/research/techtransfer/material_transfer.html. Once complete, please submit the checklist, to the technology transfer department along with the provider's MTA (if the faculty member is receiving material), to the technology transfer department.

(2) The MTA checklist will be reviewed by a research compliance officer in the research and sponsored programs office while the MTA is reviewed by technology transfer staff.

(3) After the MTA checklist is approved by the research compliance officer and the terms of the MTA are finalized, the MTA will be returned to the employee to obtain the requisite signatures processed for signature by the technology transfer department.

(4) Upon receipt of all of the requisite signatures on an MTA, technology transfer staff will provide the department or employee with a copy of the fully executed MTA and the department or employee may proceed with shipping or receiving the material.

(5) If the technology transfer staff determine that an executed MTA is not required, the technology transfer staff will let the employee or department know that it is okay to proceed with shipping or receiving the material.

Notes

Ohio Admin. Code 3364-70-12

Effective: 5/11/2020
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364
Prior Effective Dates: 03/23/2018