New York Apple Growers Agree to Pay Cornell University for Exclusive Rights to Two New Hybrid Varieties
Since the 1890s, Cornell University has provided apple growers with free access to new fruit tree hybrids. Recently, however, the university and local apple growers operating within the State of New York agreed to a royalty and fee schedule related to the right to grow two new apple tree varieties. According to Walt Blackler, Treasurer of the New York Apple Growers, group members have contracted to pay the university for the exclusive right to grow and sell SnapDragon and RubyFrost apples. In return, Cornell will reportedly handle the marketing and promotion of the new apple varieties. In addition, the university will focus some of the revenue it receives on new apple research.
Blackler reportedly believes the group’s royalty agreement is a win for members because it means only apple growers in New York will have access to the new hybrid trees. It will also help fund future fruit research and may potentially create a niche market for the New York grown apples. Despite that about one hundred bushels of the new apples will be available in 2014, most are not expected to hit the marketplace until the end of the 2015 growing season.
Since 1980, academic institutions across the nation have been permitted to license patents for intellectual property developed by employees and split any royalties with companies and the federal government. Although the university has never before licensed the intellectual property rights to its apple hybrids, Cornell has engaged in successful agreements related to other food varieties in the past. According to Jess Lyga, Cornell University’s plant varieties & germplasm licensing associate, the school only seeks to patent and license plant varieties that appear to have a high likelihood of future commercial success.
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At the Paleudis Law Firm, LLC, our diligent advocates have more than 45 years of experience helping clients who are located in New York, New Jersey, and Connecticut. To speak with a knowledgeable attorney about your trademark, copyright, patent, or other business law claim, please contact the Paleudis Law Firm, LLC through the law firm’s website or give us a call at (212) 949-0138 in New York City, (914) 220-8270 in White Plains, or (203) 355-3635 in Stamford, Connecticut.
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Princeton Residents File Lawsuit Over Patent Royalties in New Jersey Tax Court, New York City Business Litigation Lawyer Blog, October 11, 2013
Who ‘owns’ the apples? New York’s newest varieties require a fee for their ‘intellectual property’ value, by Don Cazentre, Syracuse.com
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