Royalty Report: Agriculture, Forestry and Fishing, Agriculture Forestry & Fishing – Collection: 26907

License Grant

The Company grants a Canadian Company a sole, irrevocable, exclusive right to develop, make, have made, use, sublicense sell and have sold the Planting Seeds and Program Planting Seeds and products therefrom.  No right is granted under this Agreement to sublicense the use of Varieties or Program Varieties for breeding or the development of new planting materials.  The parties have previously entered into a Memorandum of Understanding dated March 13, 1996 for an oilseed Brassica program to develop improved cultivars and incorporate insect resistance traits based on use of Bacillus Thuringiensis technology.

License Property

'Brassica' means species, germplasm and cultures of Oilseed Brassica, including but not limited to Brasicca Napus, Brassica Rapa, Brassica Carinata, Brassica Juncea and Sinapis Alba.  

Bt Program Varieties means Program Varieties which have incorporated Bt Traits.  Bt Traits means Bacillus Thuringiensis genes or transgenic plant containing BT genes (events).  Bt Traits with activity against Flea Beetle (primary target) and Bertha Armyworm/Diamondback Moth (secondary target) are included, as are other Bt Traits for other targets.

License Grant

Under the Maize High Agreement, the Company, a subsidiary, granted to Parent a royalty-bearing license to use and sublicense the Companys intellectual property and inbreds to the extent necessary to make, have made, use, sublicense and sell high oil inbreds and hybrids.

Under the Maize High Agreement, the Parties agreed to engage in a maize high oil development program using their intellectual property to develop varieties of corn with an oil content of 5% or more.

License Property

Under the Maize High Program, using germplasm from both Parties, the Licensor agreed to use diligent efforts to incorporate developmental targets into maize germplasm.

Field of Use

This agreement is for the agriculture industry.

License Grant

Licensor grants
– a worldwide, exclusive, to the extent such exclusivity is possible in the light of  existing agreements, license to make, have made, use and sell Specialty Canola Products and Specialty High Stearate Canola Products using Licensor Patent Rights, with rights to sublicense,
– a worldwide, non-exclusive license to make, have made, use and sell Commodity Canola Products and Commodity High Stearate Canola Products using Licensor Patent Rights, without the right to sublicense
– a worldwide, non-exclusive license, with no right to sublicense, to make, have made and use, for research purposes only, oilseed products other than Commodity Canola Products, Commodity High Stearate Canola Products, Specialty Canola Products and Specialty High Stearate Canola Products using Licensor Patent Rights, and  
– for Specialty Canola Products and Specialty High Stearate Canola Products, the limited right to sublicense only transgenic plant germplasm produced by Licensee, with the right to develop, use and sell new varieties and/or hybrids produced therefrom by traditional plant breeding, containing genes developed or in-licensed by Licensee to any Third Party or Licensee Affiliate.

License Property

Licensor has proprietary rights to certain technology applicable to the engineering of plants and in plant expression, as well as technology for introducing agronomic traits, which is useful in the improvement of oilseeds and in modifying oil composition.

Agronomic Genes shall mean genes encoding for disease resistance, herbicide tolerance, cold tolerance, shatter resistance, yield improvement,  earliness,  insect  tolerance,  drought  resistance  and heat resistance and other genes that reduce the net unit cost of production of agricultural crop plants.

The patents relate to Increased starch content in Plants and Expression of Sucrose Phosphorylase in Plants.

Field of Use

This agreement is for the agriculture production industry.

License Grant

If DNAP does not commercialize the DNAP Developed IP or discontinues commercialization of the DNAP Developed IP pursuant to this Agreement, DNAP shall grant SEMINIS a worldwide non-exclusive license under the Agreement to the DNAP Developed IP, to import, make, have made, use, offer for sale, and sell any seed product in the Field containing the DNAP Developed IP.

License Property

Licens has expertise, personnel, facilities, equipment, technology and intellectual property useful in the development of improved plants using biotechnological techniques.

'Funded Intellectual Property' or 'Funded IP' means inventions, discoveries, know-how, trade secrets, confidential information, biomaterials, patents, plant variety protection act rights, breeders' rights, or other intellectual or industrial property on a worldwide basis arising our of or developed in the course of the Research Program or any Project.

Field of Use

Licensee is, among other things, a leading developer and marketer of improved varieties of fruits, vegetables and agronomic crops.

License Grant

The Company signed an agreement whereby the Ukrainian Institute exclusively licensed to the Company certain industrial hemp registered seed varieties, which were bred by the Institute.

License Property

The Institute's industrial hemp seed varieties have the lowest THC (tetrahydrocannabinol which is a psychoactive agent with no affect at the minimal, allowable inclusive content in certifiable seed varieties); content of any industrial hemp seed varieties available.  The availability of low THC industrial hemp seed varieties has opened up the commercial growing of industrial hemp in both Europe and Canada.

Field of Use

Field of Use: A comprehensive seed multiplication program has been established by the Company to multiply seeds for planting in Canada, Europe, Australia, and South Africa.  Most governments, including the Canadian Government, have imposed strict THC level requirements for the commercial cultivation of industrial hemp.  The Company's exclusive rights to these low THC industrial hemp seed varieties gives it a strategic advantage to build  business, particularly in the key North American markets.

License Grant

The Licensee executed a License Acquisition Agreement with the Licensor under which the Licensee acquired worldwide Licenses for the commercialization of cotton of Licensor's's VIP3A and Cry1Ab insect resistance genes.
The Licensee has the rights to subLicense its affiliates (and, in countries outside the United States, third parties) to commercialize the insect resistance technologies.

License Property

The VIP3A and Cry1Ab projects ('VipCot') represent new technologies that are expected to compete with insect resistance technologies currently on the market, including technologies that are currently contained in varieties sold by us. The VIP3A and Cry1Ab genes produce proteins that are toxic to certain lepidopteran larvae, the principal cotton pests in many cotton growing areas.

These Licenses provide for commercialization of insect resistant cotton varieties containing Licensor insect resistance genes in the United States and in other countries, subject to government approval of the technologies.

Field of Use

The VipCot Gene Licenses make the Licensee the primary Licensee of the Licensor's insect resistance technology. To retain this status, the Licensee must meet milestones for development of VipCot cotton varieties, produce seed for commercial sale in the United States and meet and maintain sales objectives.

License Grant

Licensor hereby grants to Licensee (i) a royalty-free non-exclusive license, with no rights to grant sublicenses, to use the Funded IP for research purposes within the Field and outside a Project, and (ii) a royalty bearing, sole license with rights to grant sublicenses, to use the Funded IP outside the Field for any purpose, including the right to import, make, have made, use, offer for sale and sell throughout the world Products outside the Field.

Licensee shall have a worldwide non-exclusive license under this Agreement, with no rights to grant sublicenses, with respect to the Funded IP solely to the extent necessary for Licensee to commercialize the DNAP Developed IP, including the right to import, make, have made, use, offer for sale, and sell any product containing DNAP Developed IP.

License Property

Licensor is, among other things, a leading developer and marketer of improved varieties of fruits, vegetables and agronomic crops.

'Funded Intellectual Property' or 'Funded IP' means inventions, discoveries, know-how, trade secrets, confidential information, biomaterials, patents, plant variety protection act rights, breeders' rights, or other intellectual or industrial property on a worldwide basis arising our of or developed in the course of the Research Program or any Project.

'DNAP Developed Intellectual Property' or 'DNAP Developed IP' shall mean inventions, discoveries, know-how, trade secrets, confidential information, biomaterials, patents, plant variety protection rights, breeder's rights, or other intellectual or industrial property.

Field of Use

Licensee has expertise, personnel, facilities, equipment, technology and intellectual property useful in the development of improved plants using biotechnological techniques.

License Grant

In this license agreement for NFGA002, Licensor, a not-for-profit foundation, grants an exclusive sublicense to:
– Access to Breeder Seed, whether produced by either party; and
– Produce all seed of the Licensed Variety in the Licensed Production Territory, wherein the right to produce Breeder Seed shall be non-exclusive between the parties; and
– Use, sell and commercially exploit the seed of the Licensed Variety in the Licensed Territory; and
– Make sublicenses under any and all Intellectual Property Rights.

License Property

The property includes switchgrass varieties NF/GA991, NF/GA992, NF/GA001 and NF/GA002.

This relationship provides us access to extensive breeding infrastructure and exclusive licenses to elite switchgrass varieties, breeding lines and advanced cultivars.

Field of Use

This agreement is for the crop production industry.

Licensee has the ability to assume production of and to commercialize energy crops, including, switchgrass crops and wishes to produce, use, sell and commercially exploit NF/GA002 seed.

License Grant

Licensor grants
– a worldwide, exclusive license to make, have made, use and sell Commodity Oilseed Products using Licensor’s Patent Rights, with rights to sublicense;
– a worldwide, non-exclusive royalty bearing license to make, have made, use and sell any Commodity Canela Products and subject to Licensor obtaining a third party permission, Commodity High Stearate Canola Products, so long as the products do not express herbicide resistance genes using Licensor’s Patent Rights, with rights to sublicense;
– a worldwide, co-exclusive with Licensor’s license to make, have made, use and sell Commodity Canola Products and subject to the third party written permission, Commodity High Stearate Canola Products, so long as the products express herbicide resistance genes, using Licensor’s Patent Rights,  and
– a worldwide, non-exclusive license, with no right to sublicense, to make, have made and use, for research purposes only, oilseed products other than Commodity Oilseed Products, Commodity Canola Products and Commodity High Stearate Canola Products using Licensor’s Patent Rights.

License Property

Licensor has certain technology useful in manipulating seed oil composition, and other technology applicable to the expression of traits in plants which can be used to express genes for oil modification,  meal modification or the  introduction of useful agronomic traits into oilseed crops.

Agronomic Genes shall mean genes encoding for disease resistance, herbicide tolerance, cold tolerance, shatter resistance, yield improvement,  earliness,  insect  tolerance,  drought  resistance  and heat resistance and other genes that reduce the net unit cost of production of agricultural crop plants.

The patents relate to Method & Compositions for Introducing Alien DNA in Vitro.

Field of Use

This agreement is for the agriculture production industry.

License Grant

Licensor agrees to grant, and hereby grants to the United Kingdom Licensee a non-exclusive, non-transferable and non-sublicensable (other than to Licensee Affiliates and Third Parties as agreed by the Research Committee), royalty-free, worldwide license under Licensors interest in the Program Technology,  Licensor Materials and Licensor Improvements, solely to conduct the Research Program.

Licensor agrees to grant, and hereby grants, to Licensee, a worldwide, royalty-bearing license, with the right to sublicense, under Licensors interest in the Program Technology (whether solely or jointly owned by Licensor), Licensor Improvements and the Licensor Materials, as follows:
(a) an exclusive license to develop, make, have made, propagate and have propagated, use, import, offer for sale, sell and have sold Class A Licensee Products for Agricultural Applications in Plants and Class B Licensee Products for Agricultural Applications in Crops; and
(b) an exclusive license to develop, make, have made, propagate and have propagated, use, import, offer for sale, sell and have sold Class A Licensee Products for Non-Ag Applications.

License Property

Program Technology means all Program Patent Rights, Know-How and Program Materials, in each case, which is necessary or useful for the development, testing, use, manufacture or sale of Licensee Products or Licensor Products. It is understood that the Program Technology does not include any Shuffling Technology or Licensee Proprietary Technology.

Licensee Product means any product sold or intended to be sold by Licensee or its Affiliates or Sublicensees which incorporates or is made through the use of a Shuffled Gene, or is derived from a Plant which incorporates or is made through the use of a Shuffled Gene.

Class A Licensee Product means a product commercialized by Licensee or its Affiliates or Sublicensees which incorporates or is made through the use of one or more Class A Shuffled Genes.

Class B Licensee Product means a product commercialized by Licensee or Affiliates or Sublicensees which incorporates or is made through the use of at least one Shuffled Gene, but which does not incorporate and is not made through the use of any Class A Shuffled Gene.

Licensor Materials means all Materials provided by Licensor to Licensee in order that Licensee can perform its obligations under the Research Program or which Licensor owns and Controls and uses internally in connection with the Research Program. It is understood and agreed that all Nucleic Acid Sequence Libraries, Gene Variants and Shuffled Genes shall be Licensor Materials.

Licensor Product means any product sold by Licensor or its Affiliates or Sublicensees which incorporates or is made through the use of a Class B Shuffled Gene, or is derived from a Plant which incorporates or is made through the use of a Class B Shuffled Gene.

Class A Shuffled Gene means any Shuffled Gene which results is or derived from the Shuffling in the Research Program of [ at least one Licensee Starting Gene, whether or not Shuffled with another Licensee Starting Gene, an Other Starting Gene and/or a Licensor Starting Gene.

Class B Shuffled Gene means a Shuffled Gene that is not a Class A Shuffled Gene.

Gene means a polynucleotide sequence encoding a protein, optionally together with its regulatory sequences, which is selected for Shuffling in the Research Program by the Research Committee.  Each Gene shall be designated by the Research Committee as (i) a Licensee Starting Gene or (ii) a Licensor Starting Gene or (iii) an Other Starting Gene.

Field of Use

This agreement pertains to the Agricultural industry.

License Grant

VRIC of Canada grants to the Company a personal, non-transferable, exclusive, fixed term, revocable, royalty-bearing license to create and Sell the Products as an exercise of the Licensed Rights within the Territory. Nothing herein shall constitute in any manner whatsoever an assignment or similar transfer of either VRIC’s proprietary rights in the Licensed Patents or those rights forming the basis of the Licensed Rights.

License Property

Product means without limitation any steviol, steviol glycoside extract, or rebaudioside extract that falls within the scope of a valid claim of a Licensed Patent.

Stevia seeds: Seeds derived from publicly available germplasm that were developed as a highly diverse genetic pool from which a breeding program for Stevia could be initiated.

The patent family includes an issued U.S. patent, an issued European Union patent, and an issued Canadian patent.

60/784,168: Compositions and methods for producing steviol and steviol glycosides
7,927,851: Compositions having ent-kaurenoic acid 13-hydroxylase activity and methods for producing same.

These patents relate to microbial production of steviol and steviol glycosides.

Field of Use

The Licensee is an early-stage agribusiness based in California's Central Valley growing region and focused on the industrial scale production of stevia, the all-natural zero-calorie sweetener. The license encompasses compositions and methods for producing steviol and steviol glycosides through fermentation-based production methods.

License Grant

The Company entered into an Agreement for Contract Services with a contractor on behalf of the United Soybean Board.

License Property

Contract Services related to products derived from the soybean genes that were the subject of the research performed by the Contractor.

Field of Use

The company developed a technology platform, the Adapted Traits Platform (ATP), to identify commercially valuable genes that control important traits in animals and plants. We are using the ATP to identify genes to improve crop plant traits such as yield, sugar content, biomass, drought tolerance, and pest/disease resistance. Our platform identifies key genes that have changed successfully to impart new or improved traits.

License Grant

Licensor grants under the Licensed Patent Rights and Fatty Acid Metabolism Know How and during the term, a non-exclusive, world-wide sublicense to make and use Licensed Products and the right to sell or sublicense others to sell Licensees Oilseed Crop Plants.

License Property

Licensed products means genes, vectors, plant cells, plants and seed thereof of plants containing a gene which encodes for the sense or antisense of an enzyme in the fatty acid metabolism pathway.

Field of Use

The field means the area of plant oil modification through genetic engineering to produce specialty oil products.

License Grant

The Company hereby grants under the Licensed Patent Rights a non-exclusive, royalty-bearing, world-wide license to make and use Licensed Products in the Field and the right to sell or sublicense others to sell Produce Plants.

License Property

Produce Plants shall mean fresh and processed tomatoes, berries, mangoes, cucurbits, peppers and sweetcorn.

Licensed Products shall mean genes, vectors, Produce Plant cells, Produce Plants and seed thereof of PRODUCE PLANTS containing a gene which encodes for the sense or antisense of a gene which, in the absence of a license, would infringe at least one (1) claim of an unexpired U.S. or foreign patent included within Licensed Patent Rights.

U.S. Serial No. 06/917,027 filed 10/9/86

Field of Use

Field shall mean the cucumber mosaic coat protein gene for use in Produce Plants.

License Grant

The Company was granted the Exclusive worldwide marketing rights for any product developed for development of a nutrient delivery system using proprietary aeroponic technology which could be used in a low cost consumer product.  Subsequently, the Company developed a fractionator bar technology, applied for two patents, and was granted one patent.

License Property

The fractionator bar technology uses a spinning cylinder to disperse water to the roots of plants in an aeroponic growing system. The patent applications include aeroponic technological advances described below as well as product, nutrient and seed pod inventions designed to enhance plant growth. Aeroponic technology is derived from hydroponics and occurs when plant roots are suspended in an air chamber and bathed at regular intervals with nutrient solution.

Field of Use

The Company believes that the aeroponic technology used in its kitchen garden systems is a technological advance over hydroponics because plant roots are suspended in a near 100% humidity enclosed air chamber and bathed in a nutrient-rich solution. We believe aeroponic methods ensure the plants not only have sufficient water, nutrients and oxygen, but the temperature inside the root chamber can be easily controlled, ensuring temperature stress of the plant does not limit growth. For this reason, we believe the use of a well designed and maintained aeroponic system can yield increases in growth rate and plant survival when compared to hydroponics systems.

License Grant

In connection with each license agreement negotiated by Licensee (Asia), a company incorporated in Hong Kong, the Company is entitled to receive an annual technology license fee together with a production of selling price of plants produced.

License Property

The Registrant’s (Licensor) principal businesses are in the crossing, growing and marketing of flowers and in micropropagation (the cloning of plants).

Field of Use

The rights granted apply to the production of plants.

License Grant

Licensor grants to Licensee, for the term of this Agreement a non-exclusive license under LICENSED PATENTS to use the LICENSED PATENTS and to make, have made, use and sell LICENSED PRODUCTS.

License Property

Licensor 's most significant technological developments in this area is its Transwitch gene suppression technology. Transwitch gene suppression technology is a method for switching off gene expression in plants.

Using Transwitch technology, Licensor  has grown tomatoes with a shelf life of up to 90 days in the laboratory, while preserving desirable characteristics such as taste, color and texture.

Licensor is using genetic engineering to develop its second generation of products. Plant genetic engineering involves either the suppression of specific genes, for example those that control ripening, or the over- expression of certain genes controlling characteristics such as sweetness.

Field of Use

PLANT                 TECHNOLOGY                      TARGETED BENEFIT

Cherry      Transwitch technology to suppress  Extended shelf life of up to

Tomato      a gene responsible for ripening    three months; facilitates

                                                harvesting.

Snap Pea    Transwitch technology to suppress  Improved taste compared to

             a gene responsible for the         existing types; pea remains

             conversion of sugar to starch      sweeter for a longer time.

                                                Increased yield.

Pepper      Transwitch technology to suppress  Extended shelf life compared to

             a gene responsible for softening   existing types; peppers remain

                                                firmer for a longer time after

                                                harvest.

Banana and  Transwitch technology to suppress  Extended shelf life compared to

Pineapple   a gene responsible for rotting     existing types.

Strawberry  Addition of genes to regulate      Improved texture compared to

             freezing tolerance                 existing types; fruit remains

                                                firm after freeze-thaw cycle.

License Grant

Licensor agrees to assign to Licensee the Licensors right, title and interest to the Licensee DNA Information developed by Licensor and DNA Patent Rights.

Licensor grants a non-exclusive, worldwide license for internal use only,  for the Analytical Technology, developed by either party, following a material contribution to the development thereof by Licensee. This license includes Licensees right to use such Analytical Technology to develop, make, have made, import, use, sell, have sold, and offer to sell Licensed Products and in connection with a bona fide scientific collaboration between Licensee and a third party under a written contract and research plan in a specific area. This license does not include Licensees right to transfer, sell, or license such Analytical Technology.

License Property

Technology  refers to a cutting edge informational genomics technologies to the development of better crops.

Analytical Technology shall mean algorithms and other analytical techniques and methods, including, without limitation, methods of generating, storing, retrieving and analyzing data developed in the course of carrying out the Project Plan.

Analytical Patent Rights shall mean inventions related to Analytical Technology developed by or for Licensee carrying out the Project Plan expressly excluding inventions related to DNA sequences or oligonucleotide probe sequences, array designs, array data and the results of analysis of such array data.

Licensed Products shall mean a particular product or a particular species of animals, plants, plant or animal parts, animal progeny, seed of plants and products from any of the foregoing, or the process of making, modifying or modulating any of the foregoing or any phenotypic trait associated with any of the foregoing, which, in the absence of a license, would infringe at least one (1) claim of an unexpired U.S. or foreign patent or one (1) pending claim of an unexpired published patent application included within DNA Patent Rights which claims a Gene Lead.

Gene Lead shall mean any gene identified by Licensor in connection with its analysis of Licensee DNA Information and which has been determined to be a Gene Lead. Each Gene Lead shall be included in Licensee DNA Information.

Field of Use

This agreement specifically relates to maize and rice and tissue-specific oligonucleotides.

The parties research alliance is for creating proprietary intellectual property relating to the design, development and use of microarrays, the design, development and application of gene expression databases and the identification of genes predictive of traits.

License Grant

Canadian Licensor grants to Canadian Sublicensee, a subsidiary,  the Technology License and the Patent License for the non-exclusive use of a certain vertical growing systems for which the Licensor owns certain exclusive worldwide rights. Sublicensee, shall have the right to sublicense all or part of the License.

License Property

Technology shall mean all proprietary information relating to the Growth System, all data, technology, know-how, trade secrets, specifications, training materials, protocols and the like.

United States Patent Application entitled Method and Apparatus for Growing Plants. The invention relates to the fields of horticulture and agriculture and particularly apparatus and methods for automated commercial growth and production of plants in controlled environments.

United States Patent Application Serial No. 61/592,338, filed January 30 2012, and entitled 'Method and Apparatus for Growing Plants'.

Field of Use

Licensed Field means the non-exclusive use of the Technology and Patents by Sublicensee for growing Products for use as ingredients in the pharmaceutical, neutraceutical, cosmetic, and wellness markets.

License Grant

Licensor agrees that it shall perform all research and development work on any and all parts of the hemp plant, including but not limited to the general and specific stipulations above, solely for Licensee and / or its affiliates assignees and / or successors; and, Licensee shall perform all marketing, sales and distribution services solely for, or on behalf of, the mutual benefit of both parties.

License Property

Licensee desires to identify, characterize and document – patent, etc., – all of the beneficial properties of Hemp Seed or Grain Products, i.e. oil, nut and cake/meal/powder – and publish this information, at its direction, to facilitate its marketing strategy for trademark and/or other Hemp Seed or Grain Products; and, whereas, Licensor has the scientific capability and other required resources to perform these services for Licensee.

All rights in inventions, discoveries, biological material, software and any and all information and relative intellectual property created from the research and development during the term of and within the scope of this Agreement (the Hemp Research) shall be the property of Licensee and /or/ its assignees, affiliates or successors (collectively, Affiliates). All such information is confidential for and between the parties, except as otherwise directed by Licensee.

Field of Use

The Company’s collaborative biotechnology research for the development of nutraceutical and pharmaceutical hemp compounds for agricultural molecular biology research for the enhancement of important hemp genetic traits.