Nutriset/IRD’s Patents Usage Agreement
The proposed Usage Agreement is a continuation of the policy lead by Nutriset and the IRD up to now, which aims to use the patents as a tool for development.
It allows a company or an organization to manufacture, market and distribute products covered by Nutriset/IRD patents. Eligible entities wishing to do so, can subscribe simply and quickly, in just a few clicks online, a Patents Usage Agreement.
Usage Agreement: Eligibility criteria
Entities meeting the two following conditions may be eligible:
- to be a real and legitimate private or public for profit or not-for-profit entity (NGO, etc.);
- and to have its production and business site, activity, headquarters and main shareholders (at least 51% of the share capital) based in one of the following Southern countries: Benin, Burkina Faso, Cameroon, Cote d’Ivoire, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Equatorial Guinea, Kenya, Lesotho, Malawi, Mali, Mauritania, Mozambique, Uganda, Central African Republic, Republic of the Congo (Brazzaville), Senegal, Sierra Leone, Sudan, Swaziland, Tanzania, Chad, Togo and Zimbabwe. These countries correspond to developing countries in which Nutriset and the IRD have registered their common patents. Patents are also in force in Niger, where Nutriset previously granted exclusive licence agreement, therefore the Usage Agreement system does not apply in this country. (Developing countries not listed above are those in which Nutriset and the IRD have not registered patent. The companies/organizations of these countries do not therefore have restrictions.)
Usage Agreement: Scope
The innovation patents registered from 1997 by Nutriset and the IRD concerns technological processes consisting of method for preparing a certain type of ready-to-use foods for treatment and prevention of malnutrition.
The Usage Agreement thus concerns the development of similar products, allowing the usage of these technological processes and the same methods for preparation and use.
The beneficiary of a Usage agreement undertakes to:
- develop its own products, formulas and recipes;
- implement its own quality system;
- market its products under its own brands and distinctive signs.
The beneficiary is so entitled to manufacture its products in its country, then to distribute or to convey in transit them in its country as well as in all developing countries concerned by this Usage Agreement. Of course, the beneficiary is free of usage in countries where Nutriset and IRD have not registered these patents.
The Usage Agreement is personal (intuitu personae), non-exclusive, non-transferable and does not allow the beneficiary to authorize directly or indirectly a third party to use the patents.
In return for this Agreement, the IRD, as a non-for-profit public research institute, invites the beneficiaries to make a 1% contribution of the turnover earned by the sale of the products covered by the Usage Agreement, in order to support and fund IRD’s research and development actions. Nutriset chooses not to seek any form of compensation except the contractual commitments.
Usage Agreement: Taking-out process
Entities wishing to do so can subscribe to the Usage Agreement in just a few clicks by connecting to: http://www.nutriset.fr/accordusage.
The two-steps process consists in creating an online personal Space, reading the standard and blank Usage Agreement, accepting commitments and issuing of the final Agreement.
This Agreement will enter into force when Nutriset receives 2 signed original copies sent by express mail by the beneficiary at Nutriset, Attn: Legal Department, BP 35, Le Bois Ricard, 76770 Malaunay, France.
Entities having some problems to connect to the internet can still contact Nutriset directly by Email at firstname.lastname@example.org or by postal mail at Nutriset, BP 35, le Bois Ricard, 76 770 Malaunay, France.