Materials Transfer Agreement (MTA) is a contractual document use for the transfer of tangible research materials between UTMB and another organization. In most cases one organization is the Provider and the other is the Recipient. Standard practice is for the Provider organization to draft the agreement for review and negotiation by the Recipient organization.

MTAs are reviewed and approved differently, depending on the source of funding and the nature of the research and collaborator:

• If the MTA is associated with a funded project managed by the Office of Sponsored Programs, email the OSP contracts team using the subject line MTA Request. Provide the following information in the message body:
  • InfoEd project number
  • Brief description of the materials to be transferred
  • Identification of UTMB as the Provider or the Recipient
• If the research is unfunded and is not subject to IRB review (e.g., basic research) then the MTA is reviewed and signed by the Intellectual Property Transactional Group, Department of Legal Affairs (“IP Legal”). See the website for the MTA Intake Form.
• If the research is subject to IRB review (e.g., clinical research) and the project is industry-funded, then the MTA is reviewed and signed by the Office of Clinical Research (OCR). To initiate an MTA, email OCR.
• If the research is subject to IRB review (e.g., clinical research) and the project is not industry-funded, then the MTA is reviewed and signed by the Intellectual Property Transactional Group, Department of Legal Affairs (“IP Legal”).

Note that MTAs are normally used for the transfer of biological samples and are not appropriate for transfers of equipment. Contact UTMB Legal Affairs for advice on handling transfers or loans of equipment.

Data Use Agreement (DUA), sometimes called a Data Transfer and Use Agreement (DTUA), is a contractual agreement between an entity that owns access to a data source (typically a data set or database) and another entity that will receive the data, or a subset of it, for reuse.

At UTMB, most DUAs are managed by the Office of Sponsored Programs. DUAs can be unilateral (where there is a Provider and a Recipient) or they can be bilateral, where data goes to and from each party named in the agreement. 

• If a DUA involves industry and IRB required (e.g., industry-funded clinical research), then the DUA is reviewed and signed by the Office of Clinical Research (OCR). Email OCR to initiate a DUA.
• For DUAs that involve non-industry research or are related to basic research, contact the OSP contracts team (contracts.in@utmb.edu) using the subject line DUA Request. Provide the following information in the message body:
  • PI Name and Department
  • Provider organization (if UTMB is the recipient) or Recipient organization (if UTMB is the provider)
  • Provider/Recipient organization administrative POC
  • Brief description of the nature of the data to be transferred (This helps ensure we use the correct agreement form.)

A Confidential Disclosure Agreement (CDA), also referred to as non-disclosure agreement (NDA), is a legal agreement between two or more parties that outlines information the parties agree to share with one another for certain purposes, but wish to restrict from wider use and dissemination.  The parties agree not to disclose the non-public information covered by the agreement. CDAs are commonly executed when two parties are considering a collaboration and need to understand the other's processes, methods, or technology solely for the purpose of evaluating the potential for a future relationship

At UTMB, most CDAs are reviewed and executed by IP legal. The exception to this is CDAs related to industry-funded clinical research projects, which are reviewed and executed by the Office of Clinical Research. 

For help, contact the Office of Clinical Research.

Research Collaboration Agreement (RCA) is an unfunded agreement, typically between UTMB and another university or non-profit, although it may occasionally involve industry. The purpose is to formalize the arrangements for conducting a research project of mutual interest. Where possible, agreements are created using UT System templates. 

RCAs are reviewed and approved differently, depending on the collaborator, as shown in the decision tree below:

• If the collaborator is a for-profit company, email the IP-Legal group.
• If the collaborator is any other type of organization, contact the OSP contracts team (contracts.in@utmb.edu) using the subject line RCA Request. Provide the following information in the message body:
  • PI Name and Department
  • Collaborating organization name
  • Collaborating organization administrative POC

Brief description of the nature of the collaboration (This helps ensure we use the correct agreement form. )