Approved Material Transfer Agreements

GRDC Approved Material Transfer Agreements (Approved MTAs)

Under the GRDC Research Agreements, the transfer of GRDC Project Outputs to third parties is a two-step process requiring the research partner to obtain GRDC’s prior written approval of the transfer and GRDC’s agreement on the terms of the transfer.

GRDC has developed two Approved Material Transfer Agreements (Approved MTAs) for royalty-free transfers of GRDC Project Outputs:

  1. GRDC MTA for transfer of Project Outputs to Research Organisations (GRDC Approved Generic MTA 2017 v2 (DOCX 99 KB))
  2. GRDC MTA for transfer of Project Outputs to Breeding Programs (GRDC Approved Breeder MTA 2017 v2 (DOCX 244 KB))

These GRDC MTA templates serve as ‘Approved MTAs’ under the GRDC Research Agreements and can provide a fast-track mechanism for the GRDC approval of requests to transfer GRDC co-owned Project Outputs to third party recipients on a royalty-free basis.  The GRDC MTAs have been drafted to be consistent with the GRDC Research Agreements and are compatible with the International Treaty for Plant Genetic Resources for Food and Agriculture (ITPGRFA) standard material transfer agreement (SMTA).  The GRDC MTAs also include provisions for the recipient to acknowledge the contribution of GRDC and the co-owner in any communication of the results of their use of the Project Outputs; and to report to GRDC and the co-owners on their use of the Project Outputs.

To utilise the GRDC Approved MTAs as a fast-track approval mechanism for the royalty-free transfer of GRDC co-owned Project Outputs, please send an email to the GRDC Manager of the GRDC Project that includes:

  • A request for GRDC to approve for the transfer of the Project Outputs, including a rationale for the transfer;
  • A completed Schedule 1 of the applicable GRDC MTA; and
  • An up-to-date Intellectual Property Register for the GRDC project.

The GRDC Manager may seek additional information to understand how the transfer aligns with the aim of the Project or delivers benefit to Australian growers, before responding to the request.

GRDC Approved MTAs 2017 version 2

Release Date: 2 February 2018

Summary of changes from 2017 version 1

GRDC has made some minor changes to the GRDC Approved MTAs as summarised in the table below.

Details of the changes are set out below with a reference to the relevant clause in the Generic MTA and the Breeder MTA.  This information is for information only and does not affect interpretation of the GRDC Approved MTAs.

Generic MTA clause reference

Breeder MTA clause reference

Details of the changes

Recital A

Recital A

“Co-Owner” capitalised as defined term

Recital B

Reference to “Australian grains industry” not “Australian grains breeding industry” as the Generic MTA can be used for a broader group of Recipients

1.1

1.1

Typo in para (b) of definition of Commercialisation - “use, sell, hire or otherwise use” replaced with  “manufacture, sell, hire or otherwise use”

1.1

1.1

“this Agreement” removed from definition of Confidential Information

2.3(b)

2.3(b)

Deleted to avoid confusion as there are no other references to a licence in the Agreement

 

4.1(c)

Insert “and Project Data” at the end of the clause.

4.1(d)

4.1(d)

“Recipient” replaced with “Parties”

8

9

Insertion of “wilful misconduct or omission” after “negligence,”

11.1

12.1

Last sentence removed because already covered in clause 11.5 (12.5)

11.2

12.2

Typo fixed to remove reference to “cover page”

11.3

12.3

Update reference to “Resolution Institute” instead of IAMA

12.10(b)

13.10(b)

Clause to allow executed counterparts to be exchanged electronically

Queries/Contacts

General enquiries relating to the utilisation of these agreements should be directed to the relevant GRDC Manager on 02 6166 4500.