Transfers of Noncommercial Use ATCC Products
ATCC revised its Material Transfer Agreement (MTA) in 2020 to provide greater flexibility in noncommercial use/research transfers of our products.
This flexibility extends only to those customers who have executed our new MTA and for products that do not have any additional third party/contributor/regulatory restrictions:
- To verify whether any such restrictions exist, please view the specific website product detail page(s) to VIEW ALL PERMITS AND RESTRICTIONS. Please note that if there is conflict between the ATCC’s MTA and third party terms, the third party terms govern.
Permitted Transfers
Below is a list of the permitted transfers under our MTA which can be reported to ATCC and do not require our prior authorization:
- Transfers Within Recipient Organization for research projects - ATCC Materials may be transferred to other employees in the same organization for basic and discovery research related to, directly under or in direct collaboration in your organization’s research project (this permitted transfer is only for the company/institution but excludes company/institution affiliates).
- Employees need to be made aware of the restrictions against further transfer of ATCC Materials (including in Modifications) outside of the organization and agree not to transfer outside of the organization without ATCC’s prior approval.
- Noncommercial Use Research Project Transfers – Modifications and Unmodified Derivatives (as defined in the MTA) may be transferred to (i) CROs (licensed by ATCC to perform requested services), solely for Noncommercial Use on Recipient’s projects, and (ii) Recipient’s research collaborators in a Noncommercial Use research project if:
- transferee agrees in writing not to further transfer the Modifications or associated Unmodified Derivatives
- transferee agrees to either return or destroy the Modifications and Unmodified Derivatives upon completion of any collaborative research project
- Recipient shall notify ATCC at ATCC Transfer Notification in accordance with the MTA.
- Transfer of Published Modifications – Recipient may transfer published Modifications for Noncommercial Use in accordance with the rules of such publication, provided that Recipient reports such transfer at ATCC Transfer Notification.
- Researcher Change of Institution – Researchers may take Modifications to such new institution only if (i) Recipient Organization consents to and notifies ATCC in writing of the transfer and, (ii) Transferee Institution has entered or enters into a material transfer agreement with ATCC.
Prohibited Transfers
- Recipient may not (i) use or transfer the ATCC Materials for unrelated projects within Recipient’s organization, (ii) use the ATCC Materials as part of a de facto internal repository or to create a core facility, or (iii) distribute, sell, transfer or otherwise make available the ATCC Material to any other entity, including its affiliates, without ATCC’s prior written approval.
- ATCC Material/Progeny - Any party working on a collaborative research project with Recipient shall obtain ATCC Material or Progeny only from ATCC under an MTA. We do not authorize transfer of unmodified ATCC products as they may be obtained directly from ATCC or its official distributors with very limited disruptions to research.
