FAQ
Why are you doing this?
We are committed to leveraging our native trait inventions and
making them broadly accessible with a goal to improve plant
breeding for all. We understand that license negotiations can be
time and resource intensive. Therefore, we have set up an
efficient, facilitated licensing process for plant breeders to
access our patented native traits under transparent, FRAND
(fair, reasonable and non-discriminatory) terms. We are proud to
offer such a progressive system, which we believe is well-adapted
to the modern needs of plant breeding.
Who benefits from this system?
We all benefit. Breeders benefit from quick and easy access to our
patented native traits. Syngenta benefits from the increased
dissemination and use of our technologies. And importantly, farmers
and consumers benefit, as licensing our commercialized vegetables
traits ensures that our innovations can be used in more varieties
and combinations.
How does e-licensing work?
Licensing our patented native traits in commercial vegetable
varieties takes three simple steps:
- Simply access our e-license website
- Choose the desired native trait and find out more information about its characteristics, standard license terms, and available commercial varieties
- Send us an email with the relevant company details. When you receive the standard agreement, sign both copies and send them back to Syngenta. Once the agreement is counter-signed, the trait can be used for breeding.
What is your view on stacking multiple
traits?
At the moment we don't see the need to handle differently the case
of multiple traits stacked in one variety. This may change in the
future as the industry practices evolve.
Are you only licensing patents that have already been
granted?
The technologies presented on this website are all patented, i.e.
protected by a granted patent or a published patent application in
at least one country. This information is available from the "legal
status data" field on the page of each technology.
Do you also offer the know-how to use your
technologies?
Transfer of know-how, markers or biological material is not part
of the standard license agreement, but we are happy to discuss this
further with interested parties. Please email us at e.licensing@syngenta.com.
Does the license also cover past use of material with
the patented trait?
No, the license obtained through our e-license system provides
access for breeding and development from the effective date of the
license contract onwards. In case of 'past use' a licensee may also
obtain a license, but this requires a separate bilateral
agreement.
Please note that a special introductory offer for our "basic"
traits applies for license agreements completed before 1 May
2012!
What happens to the improvements a licensee makes on the
licensed technology?
Improvements remain the sole property of the licensee. A
non-assert clause present in the licensing agreement means that a
licensee cannot block or sue Syngenta with improved technology. The
grant back clause entitles Syngenta to use improvements for
internal use only.
Do you also enter into bilateral
agreements?
This offer in our standard license agreement represents the most
cost-effective option available. We implement the terms on
non-discriminatory terms, therefore more favorable conditions are
not available by contacting us. However, bilateral agreements may
be used in specific cases when the deal entails other than a
monetary retribution.
How do you classify a trait as "basic" or
"differentiating"?
Basic traits are patented innovative traits that are 'a technical
must have' in modern varieties, and where the impact on the market
price of the seeds is limited. Differentiating traits are patented
innovative traits that have a (proven) significant added value in
the market, which translates into a significantly higher seed
price.
How can I be sure the terms are FRAND (fair, reasonable
and non-discriminatory)?
The license agreement provides a "most favored royalty terms"
guarantee. In case an industry licensing platform is established, a
licensee can switch to the industry terms. For more information,
please see details of the standard license agreement.
Are there plans to offer more patents than the four
currently listed?
As more varieties with patented native traits are commercialized,
the number of available traits will increase. We are also exploring
the option to include patented native traits from other crops, as
well as enabling technologies.
Are other companies doing this?
We know that the seed industry is currently discussing an industry
platform approach for licensing traits and we continue to support
these efforts. However, since completion of these discussions and
final implementation could take some time, Syngenta wants to
demonstrate that e-licensing using FRAND-conditions can be done. We
hope that other companies will soon follow, so we all can gain some
experience and useful learnings in the short term with regards to
making patented native trait more accessible to breeders.
