Back to Cultivars and Breeding Lines

Tomato Pollen Transfer Agreement

PDF format - You will need the free Adobe Reader program to view the Adobe PDF formatted version.

Instructions for Completing the Tomato Pollen Transfer Agreement

1. Complete two copies of the Agreement. Requests for more than one line can be listed on the same form.
2. Sign both copies.
3. Send both copies to:

   NC State University
   Campus Box 8210
   Raleigh, NC 27695-8210

4. For additional information on the Agreement:

   phone: 919-515-7199
   fax: 919-515-3773

5. For additional information about the tomato seed contact:

   Dr. Randy Gardner
   Mountain Horticultural Crops Research and Extension Center
   455 Research Drive
   Fletcher, NC 28732
   phone: 828-684-3562
   fax: 828-684-8715
   email: randy_gardner@ncsu.edu

TOMATO POLLEN TRANSFER AGREEMENT

For NC _______________ Tomato Breeding Line

BETWEEN:

Under this Agreement and in accordance with its terms and conditions, NORTH CAROLINA STATE UNIVERSITY, ("NCSU") , will transfer pollen of NC ___________tomato breeding line (the "Line") to the cooperating tomato breeder, _________________________________ ("CTB").

TERMS OF AGREEMENT:

A. The CTB:

1. Must cross pollen from the Line with lines of the CTB's choosing for the purpose of developing experimental F1 hybrids ("Hybrids").
2. Must evaluate the Hybrids, in accordance with industry standards, for commercial potential.
3. To adequately trial in observational plots, replicated yield trials and commercial grower fields at the discretion of the CTB, F1 hybrids resulting from crosses with NC _________ to evaluate their potential for commercial use.
4. Must send NCSU a minimum of 50 viable seeds of each Hybrid and must provide additional seed samples as reasonably requested by NCSU for further evaluation.
5. Must, prior to any sale of seeds developed under this Agreement, negotiate with NCSU a licensing agreement to pay royalties of 5% of seed sales for use of NC ____________ in each F1 hybrid combination where NC ______________ is used as one parent and 10% of seed sales in cases where both parents are owned by NCSU, and to also include in the licensing agreement any other mutually agreed upon business terms and conditions.
6. May not distribute pollen from the Line to any third party without written authorization from NCSU.
7. May not use the Line or any related information pertaining to the Line to seek or obtain patent protection or plant variety rights or any other intellectual property protection for this genotype, or F1 hybrids with this genotype, either within the United States of America or any country outside the United States of America, and may not authorize any third party to do so.
8. Must disclose in writing to NCSU any use of the Line in the development of other breeding lines for use in F1 hybrid seed production.

B. NCSU:

1. Must furnish sufficient pollen of the Line to the CTB so that CTB can develop and trial experimental F1 hybrids to evaluate their potential for commercial use.
2. To adequately trial, in observational plots, replicated yield trials and commercial grower fields at the discretion of NCSU, F1 hybrids with NC _____________ received from the CTB to evaluate their potential for commercial use in North Carolina.
3. To negotiate confidential agreements with the CTB to supply seed of NC _______________ for use in production of F1 hybrid tomato seed for sale when the CTB determines and notifies NCSU in writing that it wants to pursue production of seed for commercial sales.

C. Conditions:

1. Both NCSU and the CTB have the right to develop new F1 hybrids resulting from crossing using the Line as a parent, but commercialization of the new F1 hybrid by the CTB is subject to the royalty provisions of A.5.
2. Both NCSU and the CTB have the right to develop new inbred lines resulting from selfing or additional crossing using one or more F1 hybrids as a parent. The new inbred lines will belong solely to the employer of the breeder(s) of those lines and are not subject to the royalty provisions of A.5.
3. The first CTB to make application to NCSU will be granted the exclusive rights to use of NC _________ in hybrid seed production and sales in cases where more than one CTB applies for rights to produce and sell the same F1 hybrid combination
4. NCSU retains all rights, interest, and title to all NC tomato breeding lines provided to CTB and in all F1 hybrid lines developed using an NC tomato breeding line. NCSU and CTB will jointly own F1 hybrid lines developed using an NC tomato breeding line and a breeding line owned by CTB. With regard to any jointly owned breeding lines, as described in the preceding sentence, the parties may exploit those ownership rights on a non-exclusive basis without accounting to the other party.
5. The terms and conditions as set forth have been read carefully before execution. This Agreement shall be executed in duplicate, but is not be binding on either the CTB or NCSU until signed and accepted by both parties.
6. This Agreement is governed by and must be interpreted in accordance with North Carolina Law, without reference to its conflict of laws provisions. All litigation arising out of this Agreement, its interpretation or performance must be in Wake County Superior Court or in the US District Court for the Eastern District of NC, and the parties consent to the jurisdiction of those courts.

AGREEMENT APPROVAL:

FOR: ________________________________

BY: ______________________________

DATE: _______________________________

FOR: NORTH CAROLINA STATE UNIVERSITY

BY: _______________________________

DATE: ________________________

Updated February 16, 2006