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Biological Material Transfer Agreement Template for Philippines

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Key Requirements PROMPT example:

Biological Material Transfer Agreement

"I need a Biological Material Transfer Agreement for transferring novel plant cell cultures from our research institution in Manila to a Japanese university for a 6-month joint research project starting March 2025, with specific provisions for joint publication rights and potential patent sharing."

Document background
The Biological Material Transfer Agreement (BMTA) is a crucial document used in the Philippines when biological materials need to be transferred between organizations for research, development, or commercial purposes. This agreement is particularly important given the Philippines' comprehensive regulatory framework for biological resources, including the Wildlife Resources Conservation and Protection Act and Executive Order No. 247. The document is essential for ensuring legal compliance, protecting intellectual property rights, and establishing clear terms for material usage. It includes specific provisions required under Philippine law regarding biodiversity protection, benefit-sharing arrangements, and indigenous peoples' rights where applicable. The BMTA is commonly used in research collaborations, scientific studies, and biotechnology development, providing a structured framework for material transfer while addressing safety, confidentiality, and regulatory requirements.
Suggested Sections

1. Parties: Identification of the Provider and Recipient institutions, including their legal representatives and primary investigators

2. Background: Context of the transfer, including the source of the biological material and the purpose of the transfer

3. Definitions: Clear definitions of key terms including 'Biological Material', 'Derivatives', 'Modifications', 'Commercial Purposes', and other relevant terms

4. Material Transfer Terms: Specific details about the biological materials being transferred, including description, quantity, and quality

5. Permitted Use: Detailed specifications of how the recipient may use the material, including research scope and limitations

6. Transfer Restrictions: Restrictions on further transfer to third parties and limitations on use

7. Intellectual Property Rights: Provisions regarding ownership of the material and any discoveries or inventions derived from its use

8. Compliance Requirements: Obligations to comply with Philippine regulations, including biodiversity laws and biosafety guidelines

9. Confidentiality: Provisions regarding confidential information related to the material and research

10. Publication Rights: Terms governing the publication of research results using the material

11. Warranties and Liability: Disclaimers and limitations of liability regarding the material

12. Term and Termination: Duration of the agreement and conditions for termination

13. Return or Destruction of Materials: Requirements for handling materials upon completion or termination

14. General Provisions: Standard legal provisions including governing law, dispute resolution, and entire agreement

Optional Sections

1. Benefit Sharing: Required when the material is collected from Philippine biodiversity resources, detailing how benefits from research or commercialization will be shared

2. Indigenous Knowledge and Rights: Required when the material involves indigenous knowledge or resources, addressing IPRA compliance

3. Commercial Use Provisions: Include when there is potential for commercial development, specifying terms for commercialization

4. Safety Protocols: Required for hazardous or regulated materials, detailing specific handling and safety requirements

5. Export Control Compliance: Include when material will cross international borders

6. Cost and Payment Terms: Include when there are fees associated with the transfer or maintenance of the material

7. Material Tracking Requirements: Include for materials requiring special monitoring or reporting to authorities

Suggested Schedules

1. Schedule A - Material Description: Detailed technical description of the biological material, including origin, characteristics, and quantity

2. Schedule B - Transfer Protocols: Specific protocols for handling, shipping, and receiving the material

3. Schedule C - Research Plan: Detailed description of the intended research activities and methodologies

4. Schedule D - Contact Information: List of key contacts for both parties, including technical and administrative contacts

5. Schedule E - Required Permits: Copies or details of all required governmental permits and approvals

6. Appendix 1 - Safety Data Sheets: Safety information and handling requirements for the material

7. Appendix 2 - Compliance Certificates: Relevant compliance certificates and regulatory approvals

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


















































Clauses


































Relevant Industries

Biotechnology

Pharmaceuticals

Agriculture

Healthcare

Environmental Sciences

Academic Research

Life Sciences

Conservation

Natural Resources

Medical Research

Plant Sciences

Marine Biology

Relevant Teams

Legal

Research and Development

Regulatory Affairs

Compliance

Intellectual Property

Laboratory Operations

Quality Assurance

Scientific Affairs

Business Development

Environmental Health and Safety

Technology Transfer Office

Project Management Office

Relevant Roles

Research Director

Principal Investigator

Laboratory Manager

Legal Counsel

Regulatory Affairs Manager

Compliance Officer

Technology Transfer Officer

Intellectual Property Manager

Research Scientist

Biodiversity Officer

Environmental Compliance Specialist

Research and Development Manager

Scientific Director

Quality Assurance Manager

Business Development Manager

Project Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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