Palm Beach Florida Plant Variety and Trademark License Agreement

Name: Palm Beach Florida Plant Variety and Trademark License Agreement
Brand: US Legal Forms
Rating: 4.58 (281 reviews)

Category:

Contracts - Trademark License

State:

Multi-State

County:

Palm Beach

Control #:

US-0996BG

Format:

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

Implementing the Plant Variety Protection Act (PVPA), we examine new applications and grant certificates that protect varieties for 20 years (25 years for vines and trees). Our certificates are recognized worldwide and allow faster filing of PVP in other countries.

Plants discovered in "the wild" or uncultivated state cannot be patented, because they occur freely in nature. But a plant discovered in a cultivated area can be patented, even if it is discovered in a cultivated area owned by someone else. In addition, a tuber plant such as a potato cannot be patented.

Trademarks can only be used to indicate the source of the product, not an individual product or cultivar. A series of plants can be trademarked.

In order to acquire a plant patent, the inventor must have actually asexually reproduced the plant. Asexual reproduction means that the plant is reproduced by means other than seeds, usually accomplished by cutting or grafting of the plant.

The Patents Act is clear that plants in whole or part, including seeds, varieties and species and essentially biological processes for production/propagation of plants are not patentable inventions, independent legal researcher Shalini Bhutani told Mongabay-India.

The U.S. Plant Variety Protection Act (PVPA) was enacted by Congress in 1970 to encourage the development of new varieties of crops and to make them available to the public. The protection enables the collection of royalties that, in turn, provide funding for development of other new varieties.

Plant patents only cover exact genetic copies (asexual clones) of the patented cultivar. They do not protect sexual progeny (plants grown from seeds) or plants that are merely similar to the patented cultivar. So, in that way, a plant patent is essentially a copyright on a plant cultivar.

The Protection of Plant Variety and Farmers Right Act, 2001 (PPVFR Act) is an Act of the Parliament of India that was enacted to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders, and to encourage the development and cultivation of new

Contact Us Call us at (02) 8529 - 1534. Email us at pvpo@buplant.da.gov.ph. . National Seed Industry Council Building, Bureau of Plant Industry, Quirino Ave, Malate, Manila, 1004 Metro Manila, Philippines.

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All existing non-native and exotic species, as listed in the most. Results 1 - 44 of 443 — IV. Auto Navigator Product Terms and Disclosures.6 Use of Trademarks in a Plant-Licensing Program . Fringement of patents in a wide variety of technologies.

Palm Beach Florida Plant Variety and Trademark License Agreement

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How long does plant variety protection last?

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