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Terms of engagement: transfer of biological materials for research in Australia
Citation
Whitton, TC and Nielsen, J and Nicol, D, Terms of engagement: transfer of biological materials for research in Australia, Journal of Law and Medicine, 27 pp. 338-354. ISSN 1320-159X (2019) [Refereed Article]
Abstract
The shift from basic science to potentially more lucrative applied science and
commercialisation has had a profound impact on sharing biological materials
for research purposes. Free exchanges of ideas and research materials have
become cloaked in contractual obligations, driven by commercialisation and
impact policies, particularly through material transfer agreements (MTAs).
There has been no analysis of the terms included in MTAs routinely used by
Australian universities and research institutes for the transfer of biological
materials for research. This study analyses terms from 45 MTAs used by
Australian universities and research organisations as well as common
standard agreements. Our findings suggest that drafters need to refocus MTA
terms to the purpose behind which materials are exchanged. Terms need to
be directed primarily towards compatibility with the research effort rather than
the remote possibility of future commercial and translational opportunities.
This refocusing should simplify MTA terms, expediting materials transfer and
supporting research.
Item Details
| Item Type: | Refereed Article |
|---|---|
| Keywords: | material transfer agreements, biological transfers, Australia, standard agreements, simplified agreements, drafting terms |
| Research Division: | Law and Legal Studies |
| Research Group: | Public law |
| Research Field: | Public law not elsewhere classified |
| Objective Division: | Law, Politics and Community Services |
| Objective Group: | Justice and the law |
| Objective Field: | Law reform |
| UTAS Author: | Whitton, TC (Ms Tess Whitton) |
| UTAS Author: | Nielsen, J (Associate Professor Jane Nielsen) |
| UTAS Author: | Nicol, D (Professor Dianne Nicol) |
| ID Code: | 137426 |
| Year Published: | 2019 |
| Funding Support: | Australian Research Council (DP140100301) |
| Deposited By: | Law |
| Deposited On: | 2020-02-12 |
| Last Modified: | 2020-03-20 |
| Downloads: | 0 |
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