Operational Procedures and Guidelines for Tristate Material Transfer Agreements (MTAs)

Background

In order to make sure that use and evaluation of any experimental materials does not jeopardize the future ability to apply for and obtain a PVP, MTAs have been created. There are two types of MTAs - a research MTA and a private party MTA

RESEARCH MTAS are for the purpose of a research scientist to send germplasm to other public institutions for research purposes. It will be issued by the research scientist and their technology transfer office. PVMI will be asked to maintain a database of these MTAs and to do follow up on these MTAs – request data, request material destruct verification, etc. Ideally a reciprocal agreement should be in place so that germplasm is also returned to the tristate program, but this transfer is at the discretion of the researcher and research institution. It is recommended that these MTAs generally be for a one year period so that reporting requirements can be verified, but longer terms (up to five years) are possible. (downloadable form)

PRIVATE PARTY MTAs allow for research, testing, evaluation with limited non-exploitive sales, upon written approval by the TTO (defined below). Requests may come to PVMI, a researcher or institution. The steps for approval will be as follows: (downloadable form)

1. Recipient completes MTA and sends to Researcher.
2. Researcher verifies that material is available and approves release.
3. Researcher sends MTA to the Potato Variety Management Institute (PVMI) for recommendation, with a copy to the Technology Transfer Office (TTO).
4. If PVMI recommendation is positive, PVMI sends MTA to TTO for signature and notification to researcher that material can be released.
5. If PVMI recommendation is negative, PVMI Executive and TTO must confer. Other parties may be invited to participate in this discussion. TTO will notify PVMI of final decision. If decision is made to release material, TTO notifies Researcher that material can be released.

   PVMI will be asked to maintain a database of these MTAs and to do follow up on MTAs - requesting material use data, notifications on material destruction, etc.

   Private party MTAs will be for one year only unless unique experimental circumstances would suggest a longer use period (never more than 5 years) is needed.

Criteria by which PVMI will make a recommendation on granting a Private Party MTA

1. Recipient must be a current PVMI license holder or be willing to purchase a membership
2. good standing
   1. has valid MTAs or license agreements for other protected materials in any state
   2. has not violated the terms of an MTA or license agreement
   3. has paid fees associated with license agreements in a timely fashion
   4. is not known to be in violation of any state or federal seed laws or business practices

All private individuals or businesses must have MTAs. An individual or business cannot obtain an MTA and then ask others to grow or test materials for them on a free-lance basis.