Update 1.3: This policy was updated on the 4th July 2016. Any plasmid or DNA product purchased before this date is subject to the terms of the previous version of this document which is available on request by contacting firstname.lastname@example.org.
Our IP Policy In a Sentence: You may use our STANDARD CATALOGUE PLASMIDS for commercial research and to create commercial products with freedom to operate and no licenses, however, you cannot sell commercial products that contain any of our plasmid backbones to third parties without written permission from Oxford Genetics Ltd.
Please be aware that some of Oxford Genetics products contain our IP and require either an MTA, or license, agreement for commcercial usage, in these instances, the product pages will be clearly labelled as such under the IP status tab.
Freedom to Operate on Standard Catalogue Plasmids
For companies, the importance of avoiding intellectual property obligations on materials you use in your research and product development is very clear. An IP trail can give you unwanted and often unnecessary obligations to share some of your hard-earned profits with those claiming rights over the materials you have used. This is often manifest as 'Reach Through Rights', with suppliers claiming some ownership over the agents you have developed. Plasmids are often prone to IP rights. Often IP-free alternative sequences are available that do the same job.
At Oxford Genetics we are very aware of this problem, and as such have created two types of products that we provide: IP-free plasmids and IP-containing plasmids. The majority of our catalogue has minimal IP restrictions, allowing you to conduct your commercial research without reach-through-rights. If a plasmid or service on our website contains our intellectual property this will be clearly stated in the product page. We will also attempt to make clear any third-party IP that might influence your commercial activity, but of course cannot warrant freedom-to-operate.
For the avoidance of doubt, our un-modified plasmids may not be submitted to not-for-profit databases or collections without a material transfer agreement (MTA) from Oxford Genetics Ltd.
By PURCHASER buying an Oxford Genetics Ltd catalogue product or receiving an Oxford Genetics Ltd-synthesized plasmid construct (together ‘Oxford Genetics Ltd Product’), Oxford Genetics Ltd authorizes PURCHASER to incorporate the said Oxford Genetics Ltd Product into PURCHASER’S product, or product production process, and sell or distribute such resulting product(s) to third parties provided that (i) PURCHASER is not a direct competitor of Oxford Genetics Ltd as a provider of plasmid vectors, (ii) PURCHASER has obtained any third-party licenses required to make, sell or distribute that resulting product, (iii) PURCHASER’S resulting product performs an additional function not performed by the Oxford Genetics Ltd Product. In circumstances where PURCHASER cannot satisfy each of these three criteria, PURCHASER warrants that the Oxford Genetics Ltd Product (i) will be for single laboratory/company use only by the PURCHASER, and (ii) will not be distributed to any other party without Oxford Genetics Ltd’s written permission.
Third Party IP Policy:
Our catalogue products have been constructed with a view to avoiding pre-existing IP rights belonging to 3rd parties (with a few notable exceptions that will be highlighted where possible on each product page). Where no comments have been added to a product page, Oxford Genetics has typically searched worldwide patent databases and has not found any issued patents or published patent applications with claims relating to the sequences within the products. Nevertheless Oxford Genetics cannot warrant that such IP rights do not exist, or that the usage of said products may not infringe a method related patent where applicable, hence customers should perform their own assessments of the relevant IP field where required.
By purchasing our catalogue products the purchaser acknowledges that use of our catalogue products may be claimed to infringe the intellectual property rights of third parties and that Oxford Genetics provides no indemnity for any such alleged or actual infringement.
Sometimes we licence DNA sequences from other companies to include in our products, and when those companies impose restrictions we are obliged to pass them on. At the present time such restrictions apply to only a few of our plasmid products in specific territories. The intellectual property status of each product is indicated in the corresponding product page.
By purchasing any Oxford Genetics Product, PURCHASER represents and warrants that PURCHASER has obtained all third-party licenses and rights, including all patent and intellectual property rights, necessary for PURCHASER’s intended use of the Oxford Genetics Ltd Product. PURCHASER hereby agrees to and shall indemnify and hold harmless Oxford Genetics Ltd and its affiliates, officers, agents, and employees from and against any action, claim, or liability, including attorneys' fees, arising out of any breach of the foregoing representations and warranties or arising out of any action related to actual or alleged infringement of third-party patents directed at the Oxford Genetics Ltd Product.