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Material Transfer Agreement For Commercial Use Template for Malaysia

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Key Requirements PROMPT example:

Material Transfer Agreement For Commercial Use

"I need a Material Transfer Agreement For Commercial Use to transfer proprietary cell lines from our research institute to a pharmaceutical company for drug development, with specific provisions for royalty payments on any resulting commercial products and strict confidentiality requirements."

Document background
The Material Transfer Agreement For Commercial Use is essential when organizations need to transfer biological, chemical, or research materials for commercial development purposes in Malaysia. This agreement is particularly important as it provides a legally binding framework that protects both the provider's and recipient's interests while ensuring compliance with Malaysian regulations, including the Access to Biological Resources and Benefit Sharing Act 2017, Biosafety Act 2007, and relevant intellectual property laws. The document covers crucial aspects such as material specifications, permitted commercial uses, intellectual property rights, payment terms, and compliance requirements. It's commonly used in research commercialization, drug development, biotechnology applications, and other commercial ventures where valuable research materials need to be transferred between organizations.
Suggested Sections

1. Parties: Identification of the provider and recipient organizations, including their legal status and addresses

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

3. Definitions: Detailed definitions of key terms including 'Material', 'Derivatives', 'Commercial Use', and other relevant terms

4. Material Description and Transfer: Detailed description of materials being transferred and transfer procedures

5. Permitted Use: Specific allowed uses of the material, including commercial applications and limitations

6. Intellectual Property Rights: Ownership of existing and new IP, rights to commercialize, and licensing terms

7. Payment Terms: Financial terms including upfront payments, royalties, and milestone payments

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

9. Compliance Requirements: Regulatory compliance, permits, and necessary approvals

10. Warranties and Liability: Warranties regarding materials and limitation of liability provisions

11. Term and Termination: Duration of agreement, renewal terms, and termination conditions

12. Post-Termination Obligations: Handling of materials and confidential information after termination

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

Optional Sections

1. Research Collaboration: Terms for joint research activities if parties plan to collaborate beyond material transfer

2. Third Party Transfer Rights: Include when recipient may need to transfer materials to authorized third parties

3. Publication Rights: Terms for publishing research results when academic institutions are involved

4. Export Control: Include for international transfers requiring specific export control compliance

5. Benefit Sharing: Required when materials involve indigenous knowledge or local biological resources

6. Quality Standards: Include when specific quality requirements or testing protocols are needed

7. Security Requirements: Add for materials requiring special security or containment measures

Suggested Schedules

1. Schedule 1: Material Specifications: Detailed technical specifications of the materials being transferred

2. Schedule 2: Transfer Protocols: Specific procedures for packaging, shipping, and handling of materials

3. Schedule 3: Commercial Terms: Detailed payment terms, royalty calculations, and milestone payments

4. Schedule 4: Quality Control Procedures: Testing and quality assurance protocols for the materials

5. Appendix A: Required Permits: Copies or lists of required regulatory permits and approvals

6. Appendix B: Safety Data Sheets: Safety information and handling requirements for the materials

7. Appendix C: Authorized Users: List of authorized personnel who may handle or work with the materials

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Life Sciences

Agriculture

Healthcare

Research & Development

Chemical Industry

Medical Devices

Plant Sciences

Environmental Sciences

Relevant Teams

Legal

Research & Development

Intellectual Property

Commercial Development

Regulatory Affairs

Business Development

Laboratory Operations

Quality Assurance

Contracts Administration

Technology Transfer

Scientific Operations

Innovation

Compliance

Relevant Roles

Research Director

Legal Counsel

Intellectual Property Manager

Technology Transfer Officer

Commercial Development Manager

Research Scientist

Regulatory Compliance Officer

Business Development Manager

Laboratory Manager

Quality Assurance Manager

Contract Manager

Chief Scientific Officer

Research Program Manager

Innovation Manager

Licensing 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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