物質移轉契約時 所有權 條項에 關한 檢討 - KIST와 M社와의 遺傳子 造作쥐 協商事例를 中心으로 -

Abstract

In recent years, it is necessary for us aspect of scientific research to transfer of materials. There are a lot of different types of material in all areas of scientific research including biology, physics, computer science and chemistry. Although this paper will focus on transfers of biological specially Knock-out Mouse. MTA is need under the circumstances, firstly the material has value property, secondly, the material keep as a trade secret, finally the provider wants to get a intellectual property rights to the results of the research that the material make use of inventions. A Material Transfer Agreement(MTA) is the stipulation for the exchange of materials. A transfer between provider and recipient may supply materials which is unique to follow up research and investigation. A Material Transfer Agreement needs to decide the intellectual property rights of the provider and the recipient in the results of the research that the materials are used. There are some desirable definitions of terms in biological MTA such as Material, Progeny, Modifications and Unmodified Derivatives. This Study considered the matter from various angles and designed to improve compare experiences and review case method which focused on the negotiation between KIST & M Co., Inc.'s Material Transfer Agreement that related to Knock-out Mouse. Their Negotiations are eventually broken down. but in this case served as a good lesson to us. In this paper proposes to enact the reasonable and applicable research institute's ownership and license of A Material Transfer Agreement. Also, this Study considered the matter from various angles and designed to improve compare experiences and review issues in Material Transfer Agreement. Ownership of combinations material should be determined by contributions of each research institute. Governmental Institution will, at a minimum, reserve the right to use and distribute material for non-commercial research purposes. Governmental Institution may provide non-profit company by negotiation in good faith the opportunity to obtain an license to Modified Derivatives directly resulting from use of the Materials. It is necessary for us to keep Material Transfer Agreement in order to protect efficient of rewards from R&D.