New Zealand Gazette – 2004 – No. 90

Page 2216

✨ Core Data Licensing Terms



NEW ZEALAND GAZETTE, No. 90

21 JULY 2004

Core Data for Research & Development and Other Commercial Purposes

Livestock Improvement provides data for Research & Development (R&D) and other commercial purposes. The core data represents an accumulation of data by the methods and systems developed by Livestock Improvement over many years. It has a high intellectual property value.

As one component of the overall charge for core data set out in this methodology, Livestock Improvement charges a royalty which is a percentage of the gross income derived from products and services developed using the intellectual property embodied in the core data. That royalty is charged in accordance with Livestock Improvement’s licence terms and conditions (set out below) and the core data provided to any Applicant obtaining data for any research and development or other commercial purpose is provided on that basis.

In accepting the core data, the Applicant acknowledges Livestock Improvement’s charging methodology and agrees to the following terms:

Licence Terms

  1. These licence terms apply to any person or entity (the “Applicant”) receiving core data (the “Core Data”) pursuant to a decision of the New Zealand Dairy Core Database Access Panel (the “Panel”) (as defined in the Dairy Industry (Herd Testing and New Zealand Dairy Core Database) Regulations 2001 or any amendment Regulations (the “Regulations”)) who uses (or seeks access to with intention to use) any Core Data for:

(a) the research into, development of and/or the creation of any tangible or intangible, choate or inchoate:

(i) good, product, service, thing, matter, substance, article, work, device, invention or right;

(ii) subject matter whether within clause (a)(i) or otherwise that is capable of being protected by any intellectual property right, including (without limitation) copyright, trademark, and/or patent; and/or

(iii) subject matter whether within clause (a)(i) or otherwise which the Applicant has or will have or is reasonably capable of obtaining proprietary rights in respect of;

(b) any other activity or actual or intended use;

being for a purpose that is not in direct competition (at the time the Core Data is made available to the Applicant) with Livestock Improvement’s Herd Recording, Herd Testing or Artificial Breeding Services.

  1. These licence terms are in addition to any:

(a) other applicable terms and conditions relating to the supply of Core Data irrespective of whether those conditions of supply are specified by the Panel or Livestock Improvement; and/or

(b) agreement in respect of the supply of Core Data to the Applicant entered into between Livestock Improvement and the Applicant.

  1. Livestock Improvement as licensor grants to the Applicant a non-exclusive and non-transferable licence to use the Core Data. Such use for the purpose of these licence terms will be limited to the right to develop, market, sell and licence any activity, product, good, service and/or other subject matter derived from the Applicant’s use of the Core Data as contemplated by clause 1 (the “Products and Services”).


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Online Sources for this page:

VUW Te Waharoa — PDF NZ Gazette 2004, No 90


Gazette.govt.nz — PDF NZ Gazette 2004, No 90




✨ LLM interpretation of page content

🌾 Livestock Improvement's Procedures for Complying With Regulation 25 (continued from previous page)

🌾 Primary Industries & Resources
Dairy Industry, Herd Testing, Core Database, Regulation 25, Licensing Terms, Intellectual Property, Royalty Charges, Commercial Use, Research and Development