World Intellectual Property Organization

Experimental Licensing Contract between the All-Russian Scientific Research Institute for Selections of Fruit Cultures (Licensor) and the Foreign Fruit Selection Organization, France (Licensee)

Subject matter

Plant Genetic Resources: Fruit Varieties.

Summary of use(s)

Cultivation of agreed varieties for experimental (scientific) purposes only. The Licensee must not reproduce plants without a special license from the Licensor.

Purpose or background

Exclusive right to cultivate in the European Union, only for experimental purposes, agreed varieties supplied by the Licensor in the form of seeds, plants or cuttings.

Contact details

Yu. Smirnov, N. Ponomareva, Head of Division, Senior examiner, Russian Agency for Patents and Trademarks (Rospatent), 30-1, Berezhkovskaya nab., 123995 Moscow, Russia.
E-mail: lsimonova@rupto.ru
Telephone: 240 34 57; Fax: 956 43 74.

 

REPLY TO QUESTIONNAIRE WIPO/GRTKF/IC/Q.2

COPY OF THE CONTRACT

Please indicate whether a copy of an existing contract or model agreement is attached to this response:

Response: No.

Question 1: Please give the contract title.

Response:
Experimental licensing contract.

Question 2: Please identify the contract parties.

Response:
All-Russian Scientific Research Institute for Selections of Fruit Cultures and the Foreign Fruit Selection Organization (France).

Question 5: Please state the contract objective.

Response:
Exclusive right to cultivate in the European Union only, and only for experimental purposes, agreed varieties supplied by the Licensor in the form of seeds, plants or cuttings.

Question 8: Contract Activities: Please state the permitted uses of the genetic resources under the contract.

Response:
Cultivation of agreed varieties for experimental (scientific) purposes.

Question 9: Contract Activities: Please state the permitted uses of any associated traditional knowledge under the contract.

Response:
None.

Question 10: Please state the date that the contract came into force.

Response:
No data available.

Question 11: Please state the contract duration.

Response:
No data available.

Question 12: Please identify and record all intellectual property (IP) related clauses in the contract.

Licensing

If commercial breeding is planned, the Licensee informs the Licensor and an additional contract for use is concluded.

Termination
(insofar as it relates to IP.)

The Licensor may revoke the authorization he grants (commercial breeding license) at any time, regardless of protests by the Licensee. Where the Licensee breaches the contract in question, this contract may be revoked "without prejudice to postal notification". The Licensor may request compensation for damage against the Licensee.

Other. Please list below:
e.g. publications, exclusivity of supply, future supply of resources in the event of successful research etc.

Publications: The Licensee shall not publish or under any circumstances disclose any results relating to experiments with contract-related material without the prior consent of the Licensor. In any case, such publication shall be scientific or technical and shall not violate the rights of the Licensor to title or property.


Question 13: Please state whether any Intellectual Property Rights have been obtained as a result of activities carried out pursuant to the contract.

Response:
None.

Question 14: Confidentiality:

Response:
The Licensee guarantees the confidentiality of experiments and security of plant material so as to avoid the risk of theft.

Visits to experimental sites are prohibited without the written authorization of the Licensor. The Licensor shall have access to the sites.

Details of the results of experiments must be confidential.

Question 15: Please share any additional information that may give useful perspective to the intellectual property aspects of the contract. For instance, relevant contractual definitions; terms of transfer to third parties etc..

Response:
The Licensee must not reproduce plants without a special license from the Licensor.

Question 16: Please identify any laws and regulations applicable to the contract in question:

Response:
National laws and regulations in provider country: Guidelines for the dissemination of intellectual property in agreements for the conduct of scientific research, experimental design and technological tasks, and in agreements on joint scientific and technical activities, concluded between Russian and Foreign Organizations (Approved by Decree No.137 of the Ministry of Sciences of the Russian Federation of December 1, 1997).

Question 19: Dispute Resolution: Please state how the parties have agreed to resolve any disputes that might arise under the contract (mediation, conciliation, arbitration, national jurisdiction etc) identifying, in particular, the agreed dispute resolution body (international, regional, national, or local).

Response:
The parties shall endeavor to resolve disputes by peaceful means. The International Chamber of Commerce shall have exclusive jurisdiction in judicial matters and the English version (of the contract) shall prevail.

Question 20: Please state whether the contract in question has been challenged at law.

Response:
No.

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