Hawaii Plant Variety and Trademark License Agreement

State:
Multi-State
Control #:
US-0996BG
Format:
Word; 
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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

The Hawaii Plant Variety and Trademark License Agreement is a comprehensive legal document that governs the licensing of plant varieties and trademarks in the state of Hawaii. This agreement establishes the terms and conditions under which individuals or organizations can obtain the right to use and commercialize specific plant varieties and corresponding trademarks in Hawaii. The Hawaii Plant Variety and Trademark License Agreement are designed to protect the intellectual property rights of the breeders or owners of plant varieties and trademarks by granting them exclusive licensing rights. By entering into this agreement, the licensee is given the authority to propagate, sell, and distribute the licensed plant varieties and to use the corresponding trademarks for marketing and promotional purposes. There are different types of Hawaii Plant Variety and Trademark License Agreements, each tailored to specific needs and circumstances. These agreements may include provisions for different plant types, such as flowers, fruits, vegetables, or trees, and may cover a wide range of trademarks associated with these plant varieties. Some common types of Hawaii Plant Variety and Trademark License Agreements include: 1. Flower Variety License Agreement: This agreement focuses on licensing the propagation and commercialization of various flower varieties of Hawaii. It allows licensees to use specific trademarks associated with those flower varieties for marketing and sales purposes. 2. Fruit Variety License Agreement: This specific agreement grants the licensee the right to propagate, sell, and distribute certain fruit varieties within the state of Hawaii, along with the permission to use corresponding trademarks for branding and promotional activities. 3. Vegetable Variety License Agreement: This agreement covers a range of vegetable varieties, permitting licensees to grow, sell, and market these varieties of Hawaii. It also allows the use of associated trademarks to enhance the visibility and recognition of the licensed vegetable varieties. 4. Tree Variety License Agreement: This type of agreement focuses on licensing tree varieties like hardwoods or fruit trees, enabling licensees to propagate, sell, and distribute these tree varieties within the state of Hawaii. Trademarks associated with these tree varieties can be used for branding and marketing purposes. Overall, the Hawaii Plant Variety and Trademark License Agreement serve as crucial legal tools for protecting and regulating the licensing, propagation, and commercialization of plant varieties and corresponding trademarks in Hawaii. These agreements ensure that breeders and owners of plant varieties receive fair compensation for their innovation and investment, while also providing licensees with the necessary rights to utilize and market these valuable assets in the state's marketplace.

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FAQ

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.

A trademark consent agreement is a contract that allows two potentially conflicting trademarks to coexist in the marketplace and on the Principal Trademark Register.

A person or company should never use a trademark or logo without written permission from its owner. To get permission and avoid trademark infringement, write a letter to the trademark owner.

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.

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.

A trademark license agreement allows the licensee to use (but not own) the licensor's trademark in connection with agreed-on products or services. Licensing can help a company expand into new markets effectively and easily while lending the licensee an established name and reputation.

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.

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 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.

More info

Contract. If finding legal forms online looks like a problem, use US Legal Forms. Choose from 85000 state-specific document samples available for download ... Getting a patent in Hawaii is the same as any other state. The patent application is filed with the United States Patent and Trademark Office (USPTO).A trademark license agreement allows the licensee to use (but not ... Be as complete and clear as possible in your description of the property being licensed. Hsia practices patents, trademarks, copyrights, trade secrets, computer, licensing and entertainment law at Cades Schutte A Limited Liability. Law Partnership ... A plant patent is granted for new, asexually reproduced plant varieties. Patent Law and Overviews. U.S. Patent and Trademark Office (USPTO) – The USPTO home ... User Guide for Certificate Holders: How to initiate and sign the new Trademark License Agreement (TLA) ... Fill in the company information and click "Next". May 27, 2015 — 1.7 Contract Grower means a person or firm producing Licensed Product for SEED. COMPANY. All sales of Licensed Product by Contract Growers shall ... C. To the Licensor's knowledge the Licensor has the right and authority to licence to the Licensee the right to use the Marks. NOW THEREFORE in consideration of ... 2.1. BETTER SEED CO. grants to GOLDEN HYBRIDS and its SUBSIDIARIES the exclusive right to grow the Trial Varieties in the Territory for a period of 7 (seven) ... ... complete citation and copyright notices as given on the first page of each ... a license agreement, particularly in rela- tion to the field's unique concerns.

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Hawaii Plant Variety and Trademark License Agreement