Noerr and Eisenführ Speiser advise SPC on joint venture and global licence agreement for bioplastics with agricultural company Cargill
The commercial law firm Noerr and the IP-boutique Eisenführ Speiser have jointly advised Sunflower Plastic Compound GmbH (SPC) on the establishment of a joint venture and the conclusion of a complex global patent licence system with the international agricultural company Cargill Incorporated. SPC is the owner of the patents for the new biocomposite plastic S2PC®, which is based on sunflower seeds. The material is significantly more cost-effective and more sustainable to produce than purely petroleum-based plastics. At the same time, its technical characteristics are comparable to those of traditional plastics. This new plastic also has better biodegradability Sunflower seed husks are also a waste product from the manufacture of cooking oil.
The joint venture will set up a pilot facility with an eight-figure investment It is marketing the S2PC® products in German-speaking countries and is developing the technology further. SPC and Cargill are equal partners in the joint venture. At the same time Cargill will use and evaluate the new technology worldwide as exclusive licensee.
The diverse advice provided covered complex company, patent, antitrust and tax law issues. A particular challenge was the structuring of an innovative global patent licence system which facilitates the long-term exploitation and further development of the technology.
The European Commission has already approved the transaction in terms of antitrust law aspects.*
Advisors to Sunflower Plastic Compound GmbH:
Noerr: Dr Hans Radau (company law, London), Dr Ralph Nack (licensing law, patent law, Munich), both co-team leaders, Dr Christiane Zedelius (distribution antitrust law, Munich), Helge Heinrich (antitrust law, Brussels)
Associates: Katharina Pehle (patent law, Munich), Philipp Schröler (patent law, Düsseldorf), Lita Schmitz (antitrust law, Munich)
Eisenführ Speiser: Klaus G. Göken (patent law, licensing law, patent applications, strategy advice)
Network Corporate Finance: Dietmar Thiele (M&A advisory, financial advisory and project management)
Advisors to Cargill: in-house
Stefan Horn (Head of Legal Cargill Deutschland), Myriam Elseviers (Senior IP Attorney Cargill Europe BVBA)
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