Q & A

1.
How can I become a member of the ILP Vegetable?
2.
What is the contribution fee to join the ILP Vegetable?
3.
How do I get a license under the ILP Vegetable?
4.
What is the Baseball Procedure?
5.
Is the ILP Vegetable going to publish the royalty percentages it has set?
6.
What is the MFN percentage?
7.
Why is there no “MFN lump sum”?
8.
What is the Standard License Agreement?
9.
Are all patents of the members included?
10.
Is breeding allowed under the ILP?
11.
What is meant by the “notification” (annex 4 of of the Internal Regulations)?
12.
Would the seed deposited at an official institute for the purpose of a patent application be considered as legally available for breeding purposes?
13.
Does membership of the ILP Vegetable give the right to ask for material from patent holders?
14.
Does the ILP Vegetable also concern patents related to GM traits?
15.
What is meant by “Normal Traits” and “Special Traits” in the Internal Regulations?
16.
What if the same trait can be both “Special” and “Normal”?
17.
Can I use commercial material of a Patentee Member which may be classified “Special” in one country but “Normal” in another?
18.
What if I want to access non-commercial material (e.g., a deposit) and it is not clear how the material has been made and whether it is considered “Special” or “Normal”?
19.
What about liability resulting from the use of traits which can be both “Special” and “Normal”?
20.
What about 3rd party licenses required for the commercial use of traits or certain biological materials? Does the ILP provide for full freedom-to-operate?
21.
Does the ILP Vegetable include process patents?
22.
Can I use patented technology under the ILP?
23.
What happens if a member has granted an exclusive license to a third party before its membership; is there a legal basis on which that member can be forced to open the contract with that third party?
24.
Does membership of the ILP Vegetable affect license agreements made before becoming a member?
25.
What if a member co-owns a patent with other parties that are not a member?
26.
Can members of the ILP Vegetable still grant exclusive licenses to other members and non-members?
27.
Why does the Members’ Agreement need to be signed to become a member?
28.
What if a member does not comply with the obligations of the ILP Vegetable?
29.
How are decisions taken in the ILP Vegetable?
30.
What are the Internal Regulations?
31.
What if I want to terminate membership?
32.
What are the consequences if the ILP Vegetable as such ceases to exist?