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Biological Material Transfer Agreement

Biological Material Transfer Agreement Template for Germany

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Key Requirements PROMPT example:

Biological Material Transfer Agreement

"I need a Biological Material Transfer Agreement for transferring cell lines from our university research lab in Munich to a pharmaceutical company in Berlin for a 6-month research collaboration starting March 2025, with provisions for potential commercial use of research results."

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Document background
The Biological Material Transfer Agreement is a crucial legal instrument used when biological materials need to be transferred between organizations in Germany or involving German entities. This document is essential for research institutions, companies, and other organizations engaged in scientific research, development, or commercial applications involving biological materials. The agreement ensures compliance with German regulations, including the Gentechnikgesetz (GenTG), Biostoffverordnung, and relevant EU directives. It specifically addresses key aspects such as material ownership, usage rights, safety protocols, intellectual property rights, and confidentiality requirements. The document is particularly important in contexts where valuable biological resources are shared for research, development, or commercial purposes, and where clear legal frameworks are needed to protect both the provider and recipient's interests while ensuring regulatory compliance.
Suggested Sections

1. Parties: Identification of the Provider and Recipient institutions and their authorized representatives

2. Background: Context of the transfer, relationship between parties, and purpose of the agreement

3. Definitions: Detailed definitions including 'Material', 'Derivatives', 'Modifications', 'Commercial Purposes', and other key terms

4. Material Transfer: Specifics of the biological material being transferred, including quantity, form, and delivery method

5. Permitted Use: Specific authorized uses of the material, including research scope and limitations

6. Safety and Compliance: Requirements for handling the material in compliance with German biosafety regulations and relevant standards

7. Intellectual Property Rights: Ownership of the material, derivatives, and research results

8. Confidentiality: Protection of confidential information related to the material and research

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

10. Warranties and Liability: Limitations of liability and warranties regarding the material

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

12. Post-Termination Obligations: Requirements after agreement ends, including material destruction or return

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

Optional Sections

1. Commercial Use Provisions: Additional terms for commercial applications - include when material may be used for commercial purposes

2. Nagoya Protocol Compliance: Specific provisions for compliance with Nagoya Protocol - include when material falls under its scope

3. Third Party Transfer Rights: Terms governing transfer to third parties - include when such transfers may be permitted

4. Cost and Payment: Financial terms for the transfer - include when fees are charged for the material

5. Data Protection: GDPR compliance provisions - include when personal data is involved

6. Export Control: Export control provisions - include when international transfer is involved

Suggested Schedules

1. Schedule 1: Material Description: Detailed technical description of the biological material, including origin, characteristics, and handling requirements

2. Schedule 2: Transfer Protocol: Specific procedures for material packaging, shipping, and handling

3. Schedule 3: Research Plan: Detailed description of the intended research using the material

4. Schedule 4: Safety Data Sheet: Safety information and handling protocols for the material

5. Appendix A: Contact Information: List of authorized contacts for both parties

6. Appendix B: Required Permits: Copies of relevant permits and authorizations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions










































Clauses


























Relevant Industries

Biotechnology

Pharmaceuticals

Healthcare

Academic Research

Agriculture

Environmental Sciences

Medical Research

Life Sciences

Clinical Research

Genetic Engineering

Public Health

Industrial Microbiology

Relevant Teams

Legal

Research and Development

Compliance

Laboratory Operations

Technology Transfer

Quality Assurance

Regulatory Affairs

Intellectual Property

Scientific Operations

Research Administration

Contract Management

Biosafety

Relevant Roles

Research Director

Legal Counsel

Laboratory Manager

Biosafety Officer

Technology Transfer Manager

Principal Investigator

Research Scientist

Compliance Officer

Intellectual Property Manager

Quality Assurance Manager

Research Administrator

Scientific Director

Regulatory Affairs Manager

Contract 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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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