ARS has a number of technology transfer agreements, such as, but not limited to, the following:
- Non-Disclosure Agreement (NDA)
- Material /Data Transfer Agreement (MTA/DTA)
- Cooperative Research and Development Agreement (CRADA)
- Material/Data Transfer Research Agreement (MTRA/DTRA)
Non-Disclosure Agreement (NDA)
A NDA, sometimes referred to as Confidentiality Agreement, is used with partners outside ARS when proprietary information must be disclosed to enable effective technical discussions. It permits parties to exchange confidential information and data in order to determine whether they would like to enter into a research collaboration or license agreement. The signatories of a NDA agree to not disclose technical information received from the other party.
Material or Data Transfer Agreement (MTA/DTA)
A MTA/DTA is a type of confidentiality agreement that governs transfer of tangible research material (MTA) or data (DTA) between ARS and a non-ARS organization. A MTA/DTA does not transfer ownership - the material or data is merely lent to the receiving scientist and the MTA/DTA sets forth the conditions of the loan by defining the rights of the provider and recipient with respect to the material or data and any derivatives, as well as the purposes to which the material or data may be put. Biological materials, such as reagents, cell lines, plasmids, and vectors, are the most frequently transferred materials, but MTAs may also be used for other types of materials, such as chemical compounds.
Cooperative Research and Development Agreement (CRADA)
The CRADA is a joint research effort with at least one non-Federal partner that has some degree of research capacity and which commits funds and/or in-kind resources to a collaborative effort with an ARS scientist. Funds can only flow from the collaborator to ARS. The CRADA project is generally intended to create or optimize a commercial product, and it usually contemplates creating, securing, and licensing intellectual property related to the research effort.
To learn more about CRADAs click here.
Material or Data Transfer Research Agreement (MTRA/DTRA)
A MTA/DTA only allows the transfer of materials or data, but not engagement in joint research between the provider and the recipient of the materials or data. Hence, the MTRA/DTRA was created to serve as the authorization to conduct some joint research on the materials or data transferred. Because a MTRA/DTRA does not convey rights to negotiate exclusive licenses to any intellectual property arising from the research, it is intended as an early stage opportunity for proof of concept that may lead to more extensive research that would be conducted under a CRADA. The MTRA/DTRA was created by combining the MTA/DTA and the Trust Fund Cooperative Agreement authorities.
Publications & Copyrights
Title 17 U.S.C. § 105 states that copyright protection is not available for any work of the United States Government. This includes any authorship and/or editorial work performed by an employee of the United States Government as part of their official duties. For authors and/or contributors employed by the United States Government, the work is considered a work-related activity and as such is in the public domain. Publisher shall not pay royalty income for work done by Federal Employees as part of their official duties
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