"Public call for exclusive commercial right on pear variety "CARMEN"
This public call is intended only as market research. As a consequence, it does not commit the Company neither to supply information on the result of the offers nor to start the negotiation.
Premises:
• The pear variety "CARMEN" was bred at the ex Operative section of the Istituto Sperimentale per la Frutticoltura of Rome located in Forlì (now called CRA-Unità di Ricerca per la Frutticoltura of Forlì), and selected by Lorenzo Rivalta;
• The 6th June 2006 the Community plant variety rights for the variety "CARMEN" (certification n° 17843) was gained by CRA-Centro di Ricerca per la Frutticoltura di Roma, ex Istituto Sperimentale per la Frutticoltura .
• Some non-exclusive licences for the propagation and sales of the pear variety "CARMEN" are now in progress with many Italian Nursery Farms in the Italian area;
• CIV (Consorzio Italiano Vivaisti) of Ferrara was authorized in 2003 to propagate and promote the pear variety "CARMEN" worldwide, with the exception of Italy, following a regular ten-year exclusive license agreement;
• CIV of Ferrara stipulated five agreements (still in progress) for the propagation and commercialization of the plants and fruits: one in Spain (expiry date: June 2014), one in Chile (expiry date: August 2014), two in Argentine (expiry date: November 2022) and one in New Zealand (expiry date: February 2014).
All interested Companies, should answer to this call with an Expression of Interest in acquiring a exclusive licence for the commercial exploitation of the pear variety "CARMEN" in the above-mentioned countries, with the exception of Italy, containing the following documentation:
a) Personal details of the tenderer: for companies and bodies, the company name, the legal head office, the tax code, VAT number and date, the details of the representative and of the other partners, if it is a company of many people holding different powers;
b) For natural person, a statement certifying that the person grants the civil and political rights; that the person is not involved in impedimental trials concerning the anti-mafia legislation in force; that the person has no penal convictions defining that he/she cannot contract the public administration according to the concerning laws in force.
c) For companies and legal subjects, a statement certifying that: the company, the legal representatives (as well as partners for associated companies or the owner for private companies) are not involved in impedimental trials concerning the anti-mafia legislation in force; a statement of the subscriber to be the owner or the legal representative of the company, society or body and to be qualified to hold that role.
d) Report stating the field of activity of the company and its main commercial activities;
e) A description stating the attested experience in the intellectual property management and commercial assessments at an International level, together with a qualified experience abroad and the reasons for being interested in acquiring the exclusive licence for the above-mentioned areas for the commercial exploitation of the pear variety "CARMEN";
f) Description of the development project for "CARMEN" with the details about the expected results if the license of the cultivar is acquired;
g) Description of business terms for the acquisition of the exclusive license for the commercial exploitation of the pear variety Carmen, considering that the expenses for the management and the maintenance of the Community plant variety rights in the countries outside EU will be paid by the Licensee company. It has to include: the offer of the royalties per plant, the percentage of fruit sales and the indication of the minimum guaranteed quantity per year;
CRA-FRF reserve the right to consider as invalid the offers not respecting the above-mentioned conditions and not to take into consideration the applications made by Organizations that proved to be defaulting in the respect of the contractual regulations of the licence agreements made with CRA-FRF and, particularly, if they are not up to date with the already invoiced payments.
If the negotiation starts with the Company, the business terms stated at point g) are not binding for the parties and they have to be considered minimum starting condition for negotiating.
In this public call the minimum conditions that have to be included in the offer are listed. All the other terms of a further licence agreement will be negotiated between the parties.
The Expression of Interest will be evaluated on the basis of the quality profile (development and valorisation project for the present variety) and the quantity profile (economical proposal) satisfying the needs of CRA-FRF.
In the event of comparable offers, CRA-FRF will identify the most reliable partner, the most profitable offer and the most promising and well-grounded Development Project.
CRA-FRF reserves the right to start negotiations with more than one company if the answers contained in the offer are not sufficient to identify a single partner as counterpart of a negotiation.
In any case, the offers presented do not commit CRA-FRF to answer or to start a negotiation.
The Expression of Interest must be sent in written form, in sealed envelope with an external label reporting the inscription "Offer for CARMEN" to: CRA - Unità di Ricerca per la Frutticoltura, Via la Canapona 1 bis- Magliano 47121 Forlì – Italy.
The Expression of Interest, with the enclosed documentation, must be received by CRA necessarily before 18.00 of 31st July 2013, under penalty of exclusion from the tender.
For any further technical information about the variety "CARMEN" send request to the email address: [email protected]
The Director
Dr. Walther Faedi
