Common use of Intellectual Property and Ownership Clause in Contracts

Intellectual Property and Ownership. NCSU shall retain all intellectual and other proprietary rights, interest, and title to the Line and in all Hybrid(s) developed using two NCSU tomato breeding lines. In addition, NCSU shall own all Hybrids that are essentially derived from the Line or Hybrids whose essential characteristics fail to be clearly distinguishable from the Line. NCSU and Company will jointly own new Hybrid(s), not essentially derived and clearly distinguishable from the Line, developed by Company using the Line in crosses with other Company-owned breeding lines. Ownership in additional cross progeny will belong solely to the party creating those lines. Company may not, without a specific, written, and signed agreement with NCSU, use the Line or any information pertaining to the Line to seek or obtain patent protection or plant variety rights or any other intellectual property protection for this genotype, either within the United States of America or any other country, and may not authorize a third party to do so. For jointly owned Hybrids, as described above, Company must disclose in writing to NCSU its intention to seek intellectual property protection at least sixty (60) days prior to the submission of the application for protection so that NCSU can protect its interests when necessary.