KUREC — Material Transfer Agreement Form (6 May 2026) — Material Transfer Agreement Form on Shipping of Samples
Currentness under review. Whether this instrument remains applicable is under review. Consult the later instruments and source context below before relying on it.
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Kamuzu University
of Health Sciences
Private bag 360,
Blantyre
www.kuhes.ac.mw
+2651 871 911/+2651 872 291
Formerly College of Medicine and Kamuzu College of Nursing
KAMUZU UNIVERSITY OF HEALTH SCIENCES RESEARCH AND ETHICS COMMITTEE
MATERIAL TRANSFER AGREEMENT FORM ON SHIPPING OF SAMPLES
PARTIES
[insert full legal name of institution]
(‘the Provider’)
Kamuzu University of Health Sciences, P/Bag 360, Chichiri, Blantyre 3. Malawi, on behalf of
the Malawi Government
And
(Insert the Recipient’s details, including the address)
1.0 BACKGROUND
KUREC proposes to provide the Recipient with the Materials as defined below:
2.0 PURPOSE
The Recipient has agreed to use the Materials and to keep confidential all Confidential
Information for KUREC, subject to the following terms and conditions of this agreement.
3.0 DESCRIPTION OF THE MATERIALS
Samples collected from Malawi for research purposes are the property of the Government of
Malawi, represented by KUHeS under the authority of KUREC, and such samples can be
accessed or recalled by the Government of Malawi and KUHeS at any time without any
hindrance.
Shipment of samples outside the country without proper justified reasons is not allowed.
Investigators are encouraged to develop the capacity to perform all required tests in the country.
In special cases where this may not be possible, the investigators must justify in the proposal
the reason for the importation and exportation of samples.
In the review process, the following have to be considered: -
KUREC MTA Form 6 May 2026 Page 1 of 9
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There must be a justification for the importation and exportation of samples.
KUREC shall make sure that there is a material transfer agreement between relevant
institutions in the context of the exportation and importation of samples. The material
transfer agreement shall include the following: -
1. The intention of the importation and exportation
2. The duration of storage
3. Location of storage
4. The appropriate informed consent authorizing the exportation and importation
5. To whom it will be accessible
6. Who will be the controlling officer of the samples?
7. Ownership of samples
8. Capacity Building
For studies that require shipping of samples, the applicant should fill out the Material
Transfer Agreement (MTA) form at KUREC. In case there are issues of Intellectual
Property Rights (IPR) the committee shall advise the concerned parties to have a prior
agreement of IPR, which has to be signed by all stakeholders before KUREC approval.
Samples collected in Malawi will not be sold.
KUREC MTA Form 6 May 2026 Page 2 of 9
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Initial authorization to store samples can last up to 5 years. If one wishes to use
samples beyond 5 years, one must seek authorization from KUREC. This Authorization
will last another 5 years before it is due for renewal.
4.0 CONDITIONS FOR THE PROVISION OF THE MATERIAL
The recipient:
(a) may only use the Material for the Purpose mentioned
(b) must not use the Material or any products containing any part of the Material or resulting
from the use of the Material, for any commercial purpose without the prior written
consent of the KUREC;
(c) must comply with any applicable laws in relation to the importation, transportation, use,
maintenance, or disposal of the Material;
(d) must keep the Material secure and protected from unauthorized access, misuse, damage,
destruction, unauthorized disclosure or modification, or theft, and must immediately
report to KUREC if it suspects the Material has been dealt with contrary to this clause;
(e) must not distribute or release the Material (nor any unmodified derivatives or genetically
engineered modifications which are based on the Material) to any person other than the
employees of the Recipient, and must make sure that no one is allowed to take or send
the Material to any location other than a location under the control of the Recipient
without prior written permission from the KUREC; and
(f) Only if the Material is or contains identifiable data, acknowledges that the Material may
contain Personal Information (as defined in the Malawi Data Protection Act No.3 of 2024)
and agrees that any Personal Information in the Material will be used and disclosed only
in accordance with the Malawi Data Protection Act No.3 of 2024. The Recipient must not
disclose the Material to any third party in any form in or from which an individual’s
identity is apparent or may reasonably be ascertained without the consent of KUREC.
4.1 Recipient Acknowledgement
The Recipient acknowledges and agrees that:
(a) The material is made available for investigational use only;
(b) it will not obtain or attempt to obtain any patent protection in relation to:
i. any part of the Material (or any modification or use of any part of the Material);
or
ii. any materials that could not have been made but for having access to the
Materials,
without the written consent of the Head of Legal Affairs within the KUHeS
(c) This transfer does not constitute a public disclosure;
(d) The material is experimental in nature and may have hazardous properties and is
provided to the Recipient without any warranty of merchantability or fitness for any
particular purpose, or any other warranty, express or implied. To the extent permitted
KUREC MTA Form 6 May 2026 Page 3 of 9
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by any applicable laws, KUHeS excludes any and all warranties in relation to the Material;
and
(e) KUREC makes no representation or warranty that the Material or the use of any of the
Material will not infringe any third party’s Intellectual Property Rights.
4.2 Ownership and Intellectual Property Rights in Materials and Results
(a) KUHeS/KUREC retains all Ownership and Intellectual Property Rights in the Material
and derivatives of the Material and grants the Recipient a non-exclusive, royalty-free
license to use, adapt, reproduce, and exploit the Material for the Purpose;
(b) In consideration of KUHeS/KUREC supplying the Materials to the Recipient, the
Recipient will, as soon as practicable, inform KUREC in writing of all findings and
research results produced by or on behalf of the Recipient related to the use of the
Materials and/or Results and of any new Intellectual Property Rights developed from
its use of the Materials. The Recipient and KUHeS will enter into negotiations to discuss
their respective ownership rights in relation to any new Intellectual Property Rights in
the Results.
4.3 Use of Disclosure of Confidential Information
The Recipient agrees to use all Confidential Information solely for the Purpose and to keep it
confidential. The Recipient may only disclose Confidential Information to those of its employees
and officers who have a need to know and are aware that the Confidential Information must be kept
confidential.
The Recipient must establish and maintain effective security measures to safeguard the Confidential
Information from access or use not authorized by this agreement and must keep the Confidential
Information under its control.
4.4 Recipient Liability
Except to the extent prohibited by law, the Recipient assumes all liability for damages which may
arise from its use, storage or disposal of the Material. NCST will not be liable to the Recipient for
any loss, claim or demand made by the Recipient, or made against the Recipient by any other party,
due to or arising from the use of the Material by the Recipient, except to the extent permitted by law
when caused by the gross negligence or wilful misconduct of KUHeS.
5.0 Termination
a) KUHeS may terminate this agreement at any time with immediate effect by giving written
notice to the Recipient.
b) Any obligations in relation to confidentiality and privacy under this agreement continue to
apply to the parties to this agreement after termination.
c) Termination of this agreement does not affect any accrued rights or remedies the KUREC
may have.
5.1 Miscellaneous
KUREC MTA Form 6 May 2026 Page 4 of 9
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a) This agreement may be executed in any number of counterparts. All counterparts will
constitute one instrument. The parties agree that facsimile or email signatures will be
accepted as originals.
b) A party must not assign or otherwise transfer any or all of its rights arising out of this
agreement without the written consent of the other party.
c) This agreement constitutes the entire agreement between the parties with respect to the
transfer of Material to the Recipient. This agreement may be amended only by written
agreement of both parties.
KUREC MATERIAL TRANSFER
AGREEMENT FORM
Protocol Number:
KUREC MTA Form 6 May 2026 Page 5 of 9
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Title of protocol:
(a) Intention and Justification of transfer:
(b) Duration of storage: Indicate date, month or years
(b) Responsible Party:
(c) Location of stored samples:
(d) Transportation of samples:
(e) Ownership of samples:
(e) After all laboratory testing has been completed: Describe what will
happen to the samples
KUREC MTA Form 6 May 2026 Page 6 of 9
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(g) Appropriate informed consent authorizing the exportation and importation of
samples
(h) To whom will the samples be accessible
(i) Who will be the controlling officers of the samples
Capacity building plan
Please note that exportation of samples should be considered as a last
resort. Efforts to build the local capacity and expertise should be a priority.
Name of the PI: Name of Co – PI
Name of Institution: Name of
Institution:
Signature: Signature:
Date Signed: Date Signed:
KUREC APPROVAL
Name of the Chairperson: Name of IRB
Administrator
Signature: Signature:
KUREC MTA Form 6 May 2026 Page 7 of 9
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