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8 - Material Transfer Agreements and the Regulation of the Collaborative Environment

from Part III - Solutions: Standard Material Transfer Agreements, Repositories, and Specialized International Instruments

Published online by Cambridge University Press:  15 May 2020

Sam F. Halabi
Affiliation:
University of Missouri-Columbia School of Law
Rebecca Katz
Affiliation:
Georgetown University Center for Global Health Science and Security
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Summary

Chapter 8 explores the mechanics of material transfer agreements that accompany transfers of pathogens. Material Transfer Agreements may seem abstract as a manifestation of changing norms in global infectious disease research. Yet, they are, fundamentally, legal agreements, contract, which must be negotiated and analyzed by both researchers and attorneys. Sherry Brett-Major, an attorney representing parties in technology transfer transactions, dissects material transfer agreements as contracts that regulated collaborative relationships. She identifies typologies of MTAs, areas of rights allocation where disputes are frequent, and key decisions that shed light on current MTA negotiation custom and practice. In addition to identify the critical components of MTAs that effectively facilitate collaboration, she provides some of the most significant decisions and disputes that may inform practices and pitfalls during the negotiation process.

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Viral Sovereignty and Technology Transfer
The Changing Global System for Sharing Pathogens for Public Health Research
, pp. 137 - 154
Publisher: Cambridge University Press
Print publication year: 2020

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