The Use of GM Crops in Developing Countries
Material Transfer Agreements
6.3 MTAs are widely used as a means of transferring tangible property, such as isolated DNA sequences and plasmids, between research laboratories. An MTA is a binding private contract between the provider of the technology and the recipient. In essence, it limits the right of the recipient to work with the materials except under terms agreed by both parties. Commercial use usually requires a licence agreement. An MTA can be a powerful tool for controlling novel technologies in plant biotechnology, and access to germplasm. For example, an MTA can be used by the provider to exercise a right of refusal to negotiate a non-exclusive licence with the recipient for patents incorporating materials or data provided under the MTA. In the case of GM crops, MTAs may also impose reach through rights to products developed by the recipient. The development of the majority of new crop varieties will often involve MTAs.
6.4 The perception that the recent proliferation of MTAs is not necessarily in the public interest is widespread. Researchers in the public sector often view the use of MTAs in research as burdensome in that they tend to make unwelcome demands on their time and resources. The fact that many research materials can no longer be shared freely but must be the subject of a private contract, irrespective of their potential value, is a trend which runs counter to the ethos of scientific research in the public sector. Nor is the use of MTAs confined to transfers between researchers in the public and private sectors. Researchers in the public sector now routinely exchange materials using MTAs. Despite these concerns, there are as yet few documented examples where MTAs have had a negative impact on the development and application of research. We note however that in the case of Golden Rice, difficulties over access to an MTA owned by a private company delayed progress in development by about twelve months.3
Footnotes3 Personal communication, Professor Potrykus, 21 March 2003.