Linda kahl openmta an option for dissemination of giab samples

1. BioBricks
FOUNDATION
OpenMTA: an option for dissemination
of GIAB samples
Linda Kahl, Ph.D., J.D.
Senior Counsel and Director,
Ownership, Sharing & Innovation
GIAB Workshop
January 26, 2018
Stanford, California

2. Walsh et al. (2005) Science 309: 2002
Whereas access to knowledge inputs is largely unaffected
by patents, access to material research inputs is restricted
more often, and individual research projects can suffer as
a consequence.
Why a new option for material transfer is needed
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3. Walsh et al. (2005) Science 309: 2002
Whereas access to knowledge inputs is largely unaffected
by patents, access to material research inputs is restricted
more often, and individual research projects can suffer as
a consequence.
Why a new option for material transfer is needed
Bubela et al. (2015) PLoS Biology 13(2): e1002060
Currently, complex MTAs and protracted negotiations
create transactional bottlenecks that frustrate sharing, and
they are unlikely ever to be monitored and enforced.
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4. Uniform Biological Material Transfer Agreement
(UBMTA, 1995)
- Academic or nonprofits only
- No transfer to third parties
- No commercial use
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5. Standard Material Transfer Agreements
Academic or nonprofits only
No transfer to third parties
No commercial use
UBMTA, 1995
Academic or nonprofits only
No transfer to third parties
Negotiable commercial use
Science Commons,
2005-2009
Academic or nonprofits only
No transfer to third parties
No commercial use
Simple Letter,1999
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8. No MTA = UBMTA
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9. High Transaction Costs
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10. High Transaction Costs
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11. High Transaction Costs
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12. High Transaction Costs
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13. High Transaction Costs
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14. High Transaction Costs
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15. High Transaction Costs
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16. High Transaction Costs
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17. High Transaction Costs
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A simple, standardized legal tool that enables individuals and
organizations to share their materials on an open basis.

19. Design goals for the OpenMTA
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ACCESS. Materials available under the OpenMTA are free of
any royalty or fees, other than appropriate and nominal fees for
preparation and distribution.
ATTRIBUTION. Providers may request attribution and
reporting for materials distributed under the OpenMTA.
REUSE. Materials available under the OpenMTA may be
modified or used to create new substances.
REDISTRIBUTION. The OpenMTA does not restrict any party
from selling or giving away the materials, either as received or
as part of a collection or derivative work.
NONDISCRIMINATION. The OpenMTA supports the transfer of
material between researchers at all types of institutions,
including those at academic, industry, government, and
community laboratories.

20. Terms of Transfer UBMTA
(1995)
Simple
(1999)
Science
Commons
(2005-9)
OpenMTA
(2018)
Academia or non-profit only Yes No varies No
Use for research and teaching Yes Yes Yes Yes
Use for commercial purposes No No varies Yes
Distribution of materials or derivatives No No No Yes
Fees for preparation and distribution Yes Yes Yes Yes
Fees for royalties No No varies No
Compliance with laws and regulations Yes Yes Yes Yes
Ease of use internationally No Yes varies Yes
No warranty (e.g. third party rights) Yes Yes Yes Yes
Recipient assumes liability Yes Yes Yes Yes
Recipient indemnifies Provider No No varies No
Attribution Yes Yes Yes Yes
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Terms for Transfer of Materials

21. “The Recipient shall use, store, and dispose of the
Material and any Modifications in accordance with
good laboratory practice and shall ensure compliance
with all applicable laws, rules, and regulations …”
The OpenMTA promotes responsible practice
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22. The OpenMTA offers flexibility
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24. visit OpenMTA.org
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25. Linda@biobricks.org
Thank you!