New Hampshire Plant Variety and Trademark License Agreement

State:
Multi-State
Control #:
US-0996BG
Format:
Word; 
Rich Text
Instant download

Description

Variety licensing is a tool for plant breeding companies and institutions to commercialize their varieties and to transfer technology to farmers efficiently. As the seed industry becomes increasingly privatized, interest in in-licensing new varieties, both from national and international sources, is likely to increase. Likewise, financial pressure on public sector breeding will increase the need for the targeted commercialization of varieties through out-licensing. As the seed sector becomes more transparent, the market should see more foreign investment from companies who wish to make their varieties available through licensing. That, in turn, should promote local seed production and variety testing. The licensee and the licensor should focus primarily on the practical content of the license agreement, specifically, exclusivity to plant material and territory, plant variety protection, variety trials, national registration, royalty payment, and information transfer. The purpose of this chapter is to provide guidance for prospective licensors and licensees in the practical issues of in- and out-licensing of varieties
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FAQ

A trademark license (which is different than a trademark assignment) is basically an agreement in which a trademark owner (the ?licensor?) permits someone else (?the ?licensee?) to use the licensor's trademark in connection with specific products or services.

3. Trademark license agreement instructions Introduction of Parties. ... Recitals. ... Section 1: Grant of license. ... Section 2: No assignment or transfer. ... (Optional) Section 3: Territory. ... Section 4: Consideration. ... Section 5: Maintenance of records and audit rights. ... Section 6: Term.

License Agreement Tips Firmly establish ownership. A good contract should clearly state what rights are being granted pertaining to the intellectual property in question. ... Do not overlook definitions. ... Define the royalty system. ... Explain the quality assurance monitoring process. ... Be aware of government regulations.

An example of a licensing agreement in the restaurant space would be when a McDonald's franchisee has a licensing agreement with the McDonald's Corporation that lets them use the company's branding and marketing materials.

What is Trademark Licensing? Examples of trademark licensing include a sports team that licenses its logo to third-party merchandisers, a popular cartoon character used on clothing produced by third parties, or a soft drink company allowing a licensee to sell branded products.

License agreements are limited in scope, granting the right to use a specific trademark under certain terms. The licensor can enforce the agreement but only to the extent of the covered mark. In contrast, franchising a business is broader.

A trademark consent agreement is typically a simple contract where one party agrees to allow the use and/or registration of an overlapping trademark by another party. The parties also stipulate that their marks are not confusingly similar to consumers.

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New Hampshire Plant Variety and Trademark License Agreement