Collaboration Conflict: Sharing Transgenic Mice
Your institution has a transgenic mouse line (B6.Cg-Tg(Thy1-YFP)HJrs/J) that expresses yellow fluorescent protein in neurons. The line is maintained under a Material Transfer Agreement (MTA) from the original developer, which restricts sharing with third parties without written consent. A collaborator from another university requests 10 breeding pairs for a study on neurodegeneration. The collaborator's institution is willing to sign an MTA. However, you discover that the collaborator's lab has recently published a paper using a similar YFP line but did not acknowledge your institution or the original developer. The collaborator argues that the line is widely available and the MTA is overly restrictive. Your institution's technology transfer office (TTO) is concerned about potential breach of the original MTA and intellectual property rights.
1. What are the key considerations in deciding whether to share the mice? Outline the steps you would take, including communication with the collaborator, TTO, and original developer.
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Key considerations: 1) Compliance with the original MTA: sharing without consent may breach the agreement, risking legal consequences and damage to institutional reputation. 2) Intellectual property: the original developer may have rights; unauthorized sharing could lead to disputes. 3) Scientific collaboration: sharing could advance research, but trust is compromised by the collaborator's prior non-acknowledgment. Steps: a) Discuss with TTO to review the original MTA and determine if sharing is allowed; if not, seek permission from the original developer. b) Contact the original developer to explain the situation, request consent, and clarify acknowledgment expectations. c) Communicate with the collaborator: express concerns about the prior publication's lack of acknowledgment, request clarification, and ensure future compliance with MTA terms. d) If consent is obtained, draft a new MTA with the collaborator's institution that includes proper attribution and reporting requirements. e) If consent is denied, offer alternative: provide the collaborator with contact information for the original developer or suggest they obtain the line from a repository like JAX. f) Document all communications. Ultimately, sharing should only proceed with proper approvals to avoid legal and ethical issues.
2. If the original developer denies consent, what alternatives can you offer the collaborator to maintain the collaboration without violating the MTA?
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Alternatives: 1) Suggest the collaborator obtain the same line directly from the original developer or a commercial repository (e.g., Jackson Laboratory) if available, which would not involve your MTA. 2) Offer to perform the requested experiments in your lab as a collaboration, with the collaborator providing funding or personnel, and share data instead of mice. 3) Propose using a different, non-restricted fluorescent reporter line (e.g., GFP) that your institution can share freely, if scientifically appropriate. 4) If the collaborator's institution can negotiate a separate MTA with the original developer, facilitate that introduction. 5) Consider generating a new transgenic line using CRISPR or other methods, though this is time-consuming. These options respect the MTA while fostering collaboration.