After reviewing hundreds of license agreements for plant breeders around the world, a few patterns always stand out and they’re too important to ignore. No matter how innovative the variety, if the legal foundation is shaky, problems are
only a matter of time.
Here are three lessons I come back to time and time again:
1. Vague terms invite trouble.
If your agreement doesn’t clearly define the scope of the license, you're leaving too much to interpretation. Thereby risking disputes that could’ve been avoided.
2. Royalty structures should evolve.
What worked five years ago might not reflect today’s market or your variety’s value. I often see outdated terms quietly eating into breeders’ profits.
3. Enforcement isn’t automatic.
Even with PBR in place, rights don’t enforce themselves. Your agreement needs teeth, think auditing rights, termination clauses, and clear dispute procedures.
If any of this sounds familiar, let’s update your license agreement.