Forcing a square into a circle: why South Africa's draft revised material transfer agreement is not fit for purpose

The South African National Health Research Ethics Council (NHREC) recently released a final draft revision of the standard material transfer agreement (MTA) that was promulgated into law in 2018. This new draft MTA raises pertinent questions about the NHREC's mandate, the way in which the draft MTA deals with data and with human biological material, and its avoidance of the concept of ownership. After South Africa's data protection legislation, the Protection of Personal Information Act (POPIA), became operational in mid 2021, the legal landscape changed and it is doubtful that the NHREC has a residual mandate to govern personal information in health research. Furthermore, data is dealt with in a superficial, throw-away fashion in the draft MTA. The position with human biological material is not substantially better, as the draft MTA fails to recognise that human biological material can contain pathogens, which has important legal and ethical ramifications that are not sufficiently addressed. A central problem with the draft MTA is its use of the term 'steward', and avoidance of the legal concept of 'ownership'. This is not only misaligned with the South African legal framework, but also fails to consider the ethical case for recognising ownership. Finally, a call to embrace decolonial thinking in health research underscores the importance of recognising ownership in order to foster the growth of the local bio-economy. Key recommendations to reshape the draft MTA include: Making use of the eventual revised MTA optional, and allowing it to evolve with input from scientific and legal communities; regulating the transfer of associated data in a separate data transfer agreement that can be incorporated by reference in the MTA; enhancing guidance on liability and risk management in respect of human biological material that contains pathogens; and, finally, adopting a decolonial approach in health research governance, which requires recognising the ownership rights of South African research institutions.

After biosovereignty: The material transfer agreement as technology of relations

Increasingly, countries in the Global South-notably South Africa, Brazil, and Indonesia-are introducing material transfer agreements (MTAs) into their domestic laws for the exchange of scientific material. The MTA is a contract securing the legal transfer of tangible research material between organizations such as laboratories, pharmaceutical companies, or universities. Critical commentators argue that these agreements in the Global North have come to fulfill an important role in the expansion of dominant intellectual property regimes. Taking Indonesia as a case, this article examines how MTAs are enacted and implemented differently in the context of research involving the Global South. Against the conventionally understood forms of contract that commodify and commercialize materials and knowledge, the MTA in the South can be understood as a legal technology appropriated to translate a formerly relational economy of the scientific gift to a market system of science. As a way of gaining leverage in the uneven space of the global bioeconomy, the MTA functions as a technology for 'reverse appropriation', a reworking of its usage and meaning as a way of countering some of the global power inequalities experienced by Global South countries. The operation of this reverse appropriation, however, is hybrid, and reveals a complex reconfiguration of scientific exchange amidst a growing push for 'open science'.

Terms of Engagement: Transfer of Biological Materials for Research in Australia

The shift from basic science to potentially more lucrative applied science and commercialisation has had a profound impact on sharing biological materials for research purposes. Free exchanges of ideas and research materials have become cloaked in contractual obligations, driven by commercialisation and impact policies, particularly through material transfer agreements (MTAs). There has been no analysis of the terms included in MTAs routinely used by Australian universities and research institutes for the transfer of biological materials for research. This study analyses terms from 45 MTAs used by Australian universities and research organisations as well as common standard agreements. Our findings suggest that drafters need to refocus MTA terms to the purpose behind which materials are exchanged. Terms need to be directed primarily towards compatibility with the research effort rather than the remote possibility of future commercial and translational opportunities. This refocusing should simplify MTA terms, expediting materials transfer and supporting research.

ESTDAB: a collection of immunologically characterised melanoma cell lines and searchable databank

Cancer immunologists working in humans often require panels of tumour cell lines expressing different combinations of HLA alleles and other characteristics. Sources of cell lines are usually large cell banks carrying little immunologically relevant information on the available cells and limited numbers of different lines from the same type of tumour. Access to cells with desired combinations of characteristics is, therefore, difficult. Here, we describe an interactive database of a large collection of melanoma cell lines which have been extensively characterised for HLA genotype and surface expression, oncogene and tumour antigen expression, cytokine secretion, surface molecule expression, adhesion to extracellular matrix components, cytokine gene polymorphisms and other factors of interest to immunologists. This enables investigators to search for cells with particular constellations of HLA alleles, tumour antigens, etc., and then request these from the cell bank. This European Searchable Tumour Cell Line and Data Bank (ESTDAB) was established as a Research Infrastructure of the European Commission. For access to the databank and further details, please go to http://www.ebi.ac.uk/ipd/estdab/ .