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Terms of engagement: transfer of biological materials for research in Australia
journal contribution
posted on 2023-05-20, 10:53 authored by Tess WhittonTess Whitton, Jane NielsenJane Nielsen, Dianne NicolDianne NicolThe 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.
Funding
Australian Research Council
History
Publication title
Journal of Law and MedicineVolume
27Pagination
338-354ISSN
1320-159XDepartment/School
Faculty of LawPublisher
Lawbook Co.Place of publication
AustraliaRepository Status
- Restricted
