Licence Agreement between BioProgress and Dexo Biogenerics



 Exhibit 4.57 
  

			
	 Dated
	  	20 December 2005

  

	(1)	BIOPROGRESS PLC 

 - and - 
  

	(2)	DEXO BIOGENERICS LIMITED 

 LICENCE AGREEMENT 







 THIS AGREEMENT is made the 20th day of December 2005 
 BETWEEN: 
  

	(1)	BIOPROGRESS PLC, a company incorporated under the laws of England (company number 04617139) whose registered office is at Hostmoor Avenue, March, Cambridgeshire PE15 0AX
(“Licensor”); and 

  

	(2)	DEXO BIOGENERICS LIMITED, a company incorporated under the laws of England (company number 05625492) whose registered office is currently at c/o BioProgress Technology
Limited, Hostmoor Avenue, March, Cambridgeshire PE15 0AX (“Licensee”). 

 WHEREAS: 
 The Licensor has agreed to license elements of its technology to the Licensee according to the terms of this Agreement. 
 NOW IT IS HEREBY AGREED as follows: 
  

	1.	DEFINITIONS 

 In this Agreement, the following
expressions shall unless the context otherwise requires have the following meanings: 
 “Commencement Date” the date of this
Agreement; 
 “Confidential Information” shall be as defined in Clause 8.1; 
 “Developed Products” products developed by the Licensee using the Products IP combined with other Intellectual Property; 
 “Field” generic pharmaceutical products 
 “Force Majeure” in relation to either party any circumstances beyond the reasonable control of that party including without limitation any strike, lock-out, or other form of industrial action, act of God, war, riot, accident,
fire, flood, explosion or government action; 
 “Group” in relation to any company, that company and any other company which, at the
relevant time, is that company’s holding company or subsidiary (as defined by s736 of the Companies Act 1985 as amended by the Companies Act 1989), or the subsidiary of any such holding company (as so defined), and a “Member” of a
Group has a corresponding meaning; 
 “Improvement” any improvement, modification, development, adaptation, alteration or addition
to the Products IP and to the method of manufacturing Products; 
 “Intellectual Property” all Patents, claims in Patents, utility
models, registered and unregistered trade marks, service marks, registered designs, applications for any of the foregoing and the right to apply for any of the foregoing in any part of the world, copyright, design right, approvals, data exclusivity
rights, supplementary protection certificates, inventions, confidential information (including without limitation Know-how) and any other similar right situated in any country in the world; 
  

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 “Know How” all information and materials not in the public domain of whatsoever nature,
including without limitation ideas, discoveries, inventions, data, formulae, biological and chemical materials, techniques, procedures for experiments and tests, technical information, specifications, results of experiments and tests, design,
sketches and records; 
 “Patent” all patents or letters patent, utility models and applications for any of the foregoing in any
part of the world and any extensions of term thereof, continuations, continuations in part and all patents derived or claiming priority therefrom in any part of the world; 
 “Products” the Products listed in Schedule 1; 
 “Products IP” the Intellectual Property
contained in, implemented by or relating to the Products, including but not limited to that listed in Schedule 2; 
 “Territory” the
United Kingdom provided that the parties may agree in writing to extend the territory on a case by case basis. 
  

	2.	GRANT OF LICENCE 

 In consideration of being allotted shares in the
Licensee, the Licensor hereby grants to the Licensee, with effect from the Commencement Date for the duration of this Agreement, a non-exclusive licence in the Field to use the Products IP to develop market and distribute (or have developed,
marketed and distributed) Developed Products. 
  

	3.	INTELLECTUAL PROPERTY RIGHTS 

  

	3.1	If the Licensee learns of any infringement or suspected infringement of the Products IP, or any allegation that it infringes a third party’s rights, it shall promptly notify
the Licensor in writing. 

  

	3.2	The Licensee shall supply such assistance as the Licensor reasonably requires (at the Licensor’s expense) to counter any infringement of the Products IP or any allegation that
the Products IP infringes a third party’s Intellectual Property. 

  

	3.3	The Licensee may use and/or exploit the Products IP in accordance with the terms of this Agreement only. 

  

	4.	REPRESENTATIONS AND WARRANTIES 

 Each of the parties
warrants to the other that it has the right to enter into this Agreement and is not restricted by any provisions of any agreements of any nature which prevent it from carrying out this Agreement fully in accordance with its terms. 
  

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	5.	OBLIGATIONS OF THE LICENSOR 

 The Licensor shall as
soon as reasonably possible after the Commencement Date supply the Licensee with such information concerning the Products IP as the Licensee requires to perform its obligations and exercise its rights under this Agreement. 
  

	6.	OBLIGATIONS OF THE LICENSEE 

  

	6.1	The Licensee shall use its reasonable endeavours to develop, market, promote and maximise sales of Developed Products throughout the Territory. 

  

	6.2	The Licensee shall promptly report to the Licensor all problems encountered in manufacturing, marketing and supplying Developed Products caused by the rights licensed under this
Agreement and all customer queries or complaints in connection therewith. 

  

	7.	IMPROVEMENTS 

  

	7.1	Each party shall as soon as reasonably possible disclose to the other party any Improvements which it generates during this Agreement. 

  

	7.2	Improvements generated by the Licensor shall be licensed to the Licensee as if they were part of the Products IP. 

  

	7.3	Improvements generated by the Licensee shall be assigned to the Licensor free of all third party rights and licensed back to the Licensee as if they were part of the Products IP.
Accordingly, the Licensee hereby assigns by way of future assignment all its right, title and interest in such Improvements to the Licensor and the Licensee shall do such things and execute such documents as the Licensor requires in order to effect
such assignment. 

  

	8.	CONFIDENTIALITY 

  

	8.1	Subject to Clause 11, each party agrees to maintain secret and confidential (a) all tangible or intangible trade secrets, Know-how and other technical or commercial information
(including Intellectual Property) disclosed to it by the other or otherwise obtained by it from the other, whether prior to and in contemplation of this Agreement or in the course of this Agreement, and which the other party has properly designated
as proprietary and/or confidential or which, by reason of its nature or the circumstances surrounding its disclosure or its being obtained ought to be treated as proprietary and/or confidential (collectively, “Confidential Information”).


  

	8.2	Clause 8.1 shall not apply to information which the recipient party can prove by documentary evidence: 

  

	 	8.2.1	prior to receipt thereof from the other party was in the possession of the recipient party and at its free disposal; or 

  

	 	8.2.2	is subsequently disclosed to the recipient party without any obligations of confidence by a third party who has not derived it directly or indirectly from the other; or


  

	 	8.2.3	is or becomes generally available to the public through no act or default of the recipient party or its employees, agents, contractors or sub-contractors; or


  

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	 	8.2.4	is required by law or a court or other competent authority to be disclosed; provided that in such case the recipient party shall promptly notify the other party in writing and in
such detail as the other party may reasonably require of such requirement for disclosure and shall assist that other party in any lawful efforts to prevent or limit the disclosure. 

  

	8.4	It is acknowledged that notwithstanding the provisions of Clause 8.1 above each party shall be entitled to disclose any Confidential Information of the other party to its agents,
representatives, employees, consultants, professional advisors, and prospective and actual licensors, licensees, investors, customers and manufacturers (collectively “Third Party Recipients”) to the extent necessary to facilitate the
performance of its obligations and exercise of its rights under this Agreement Provided that any such disclosure shall only be limited to what is absolutely necessary for such purposes and the party making any such disclosure shall procure that any
such Third Party Recipient shall be bound by obligations of confidentiality substantially similar to the provisions of this Clause 8. 

  

	8.5	This Clause 8 shall survive any termination or expiry of this Agreement and continue in force without limitation in time. 

  

	9.	LIABILITY 

  

	9.1	The Licensor warrants that, so far as it is aware, the Products IP can be licensed to the Licensee without infringing any third party’s rights. All other warranties, conditions
and terms, express or implied, are, subject to Clause 4, excluded from this Agreement. 

  

	9.2	Neither party excludes or limits its liability in negligence for death or personal injury, or for fraud or wilful default or otherwise insofar as any exclusion or limitation of its
liability is void, prohibited or unenforceable by law. All other provisions of this Agreement shall be read subject to this Clause 9.2. 

  

	9.3	Subject to Clauses 9.1 and 9.2:- 

  

	 	9.3.1	each party’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising out of or in connection with this
Agreement shall be limited to £1,000,000 (one million pounds sterling) and 

  

	 	9.3.2	neither party shall have any liability to the other for any loss of profit, revenue, savings, goodwill or other financial or consequential loss of any kind whatsoever, including
loss of business, loss under current and future contracts and administrative costs arising out of or in relation to this Agreement, whether arising by reason of misrepresentation, breach of contract, in tort (including negligence or breach of
statutory duty) or under statute. 

  

	9.4	The Licensee shall indemnify and hold harmless (on a full indemnity basis) the Licensor against any losses, costs, expenses (including reasonable attorneys’ fees), damages and
liabilities which the Licensor may incur in connection with the Licensee’s development of Developed Products or supply of Developed Products to third parties. 

  

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	10.	FORCE MAJEURE 

 If either party to this Agreement is
prevented or delayed in the performance of any of its obligations under this Agreement by Force Majeure, and if such party gives written notice thereof to the other party specifying the matters constituting Force Majeure, together with such evidence
as it reasonably can give and specifying the period for which it is estimated that such prevention or delay will continue then the party in question shall be excused the performance or the punctual performance as the case may be as from the date of
such notice for so long as such cause of prevention or delay shall continue. 
  

	11.	PUBLICITY AND MARKETING 

 Each party hereby
authorises the other party to use the first party’s name and to refer to the subject matter of this Agreement for publicity and marketing purposes, provided that each party shall obtain the other’s written consent (which shall not be
unreasonably withheld or delayed) prior to any such use provided that the Licensor may make an announcement on the Stock Exchange pertaining to this Agreement without requiring such consent. 
  

	12.	TERMINATION 

 Subject to earlier termination in
accordance with its terms, this Agreement shall commence on the Commencement Date and continue in force thereafter. It may only be terminated by mutual written consent of the parties. 
  

	13.	CONSEQUENCES OF TERMINATION 

  

	13.1	Termination of this Agreement for any reason shall be without prejudice to the rights of the parties accrued prior to termination and shall not bring to an end any provision of this
Agreement which needs to survive termination in order to give full effect to its meaning. 

  

	13.2	If this Agreement terminates for whatever reason, the licences granted hereunder shall cease forthwith and (unless the parties come to some other arrangement) the Licensee shall
immediately cease manufacturing, marketing and selling Developed Products Provided that the Licensee may complete the manufacture and supply of Developed Products which as at the effective date of termination it is contractually bound to supply to
third parties. 

  

	13.3	Upon termination of this Agreement (howsoever caused) each party shall promptly deliver up to the other: 

  

	 	13.3.1	any material containing or disclosing any Confidential Information of the other party that has been provided to the first party for or in connection with this Agreement; and


  

	 	13.3.2	all documentation, records, equipment and other items which are the property of the other party and which have been provided to the first party for or in connection with this
Agreement. 

  

	14.	ASSIGNMENT 

 This Agreement is personal to the
parties and, subject as otherwise expressly provided in this Agreement, neither party shall assign, sub-license, sub-contract or delegate or purport to assign, sub-license, sub-contract or delegate its rights or obligations under this Agreement in
whole or in part, without the other party’s prior written consent which shall not be unreasonably withheld or delayed. 
  

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	15.	MISCELLANEOUS 

  

	15.1	No variation or amendment of this Agreement shall bind either party unless made in writing and agreed to in writing by duly authorised officers of both parties.


  

	15.2	If it transpires that the whole or any part of any provision of this Agreement is illegal, void or unenforceable under any law that is applicable hereto, or if any competent
authority or court of competent jurisdiction in a final decision so determines, this Agreement shall continue in force save that such provision (or the relevant part of it) shall be deemed to be deleted from this Agreement with effect from the date
of such agreement or decision or such earlier date as the parties may in writing agree. 

  

	15.3	A failure by either party hereto to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar
the exercise or enforcement thereof at any subsequent time or times. 

  

	15.4	This Agreement supersedes any other arrangements, undertakings, promises, representations or agreements (whether or not in writing) made or existing between the parties hereto prior
to or simultaneously with this Agreement and relating to the subject matter of this Agreement. 

  

	15.5	This Agreement is not intended to confer a benefit on any third party, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise and no third party shall
have any right to enforce any of the provisions of this Agreement. 

  

	15.6	The relationship of the parties under this Agreement is that of independent contractors and, subject as otherwise expressly provided in this Agreement, neither party is the agent of
the other for any purpose and neither party shall make any representation, give any warranty or enter into any contractual or other commitment purporting to be binding on the other. 

  

	16.	NOTICES 

 Any notice given under this Agreement
shall be sufficiently served if in writing and sent to the address of the recipient party as set out below 
 BioProgress Plc 
 Hostmoor Avenue 
 March 
 Cambridgeshire 
 PE15 0AX 
 Fax 01354 655858 
 FAO Chief Executive
Officer 
 Copy to: Legal Counsel 
 Dexo BioGenerics Limited 
 Hostmoor Avenue 
  

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 March 
 Cambridgeshire 
 PE15 0AX 
 Fax 01354 655858 
 FAO Managing Director 
 Copy to: Company Secretary 
 Provided that:-

  

	16.1	if served by facsimile it will be deemed received when sent, subject to issue of a valid transmission slip; 

  

	16.2	if served by hand (including courier) it will be deemed received when delivered; and 

  

	16.3	if served by post it will be deemed received 2 business days after posting. 

  

	17.	GOVERNING LAW AND DISPUTES 

  

	17.1	The parties will attempt in good faith to resolve any dispute or claim arising out of or relating to this Agreement within 30 days by negotiations between their respective nominated
representatives. If the matter is not so resolved within such 30 day period, either party may at its option submit the matter for resolution through a procedure such as mediation, conciliation or executive tribunal or other dispute resolution
technique recommended to them by the Centre for Dispute Resolution in England or by such bodies as may replace it (“ADR Procedure”). 

  

	17.2	If a party elects to submit to the ADR Procedure, the other party shall be obliged to submit to the ADR Procedure and both parties shall attempt in good faith to resolve the matter
through the ADR Procedure. In such circumstances, neither party may resort to the jurisdiction of the courts under Clause 17.3 until the dispute or claim has been resolved pursuant to the ADR Procedure or until the person or tribunal in charge of
the ADR Procedure notifies both parties in writing that in his, her or its opinion the matter is not capable of resolution through the ADR Procedure or is unlikely to be so resolved. 

  

	17.3	This Agreement shall be governed by and construed in all respects in accordance with the laws of England and, subject to Clauses 17.1 and 17.2, the parties submit to the exclusive
jurisdiction of the English courts in respect of any dispute or claim arising out of or relating to this Agreement. 

  

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 SCHEDULE 1 
 Products 
 SWOLLO 
 Soft capsules with liquid fill encased in XGELTM non-gelatine film 
 SEPTUM 
 Multi-chamber soft capsules encased in XGELTM non-gelatine film 
 TABWRAP 
 Standard compressed tablet cores overwrapped with XGELTM non-gelatine film 
 SOLULEAVES 
 XGELTM non-gelatine
film strips 
 WAFERTAB 
 Multi-layer XGELTM non-gelatine film strips 
 FOAMBURST 
 Capsules or strips made of foamed XGELTM non-gelatine film. Gas is blown into the film during production, resulting in a honeycomb-type structure. 
  

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 SCHEDULE 2 
 Products IP 
 SWOLLO 
 Patents and patent applications 
  

																	
	 Ref
	 	Country	 	 Application
 Number
	 	Application
Date	 	Publication
Number	 	Publication
Date	 	Patent No.	 	Patent Date	 	STATUS
	 IPP1CA
	 	Canada	 	2250397	 	25-Mar-97	 		 		 		 		 	Pending
	 IPP1DE
	 	Germany	 	97914438.3	 	25-Mar-97	 	EP0889710	 	02-Oct-97	 	EP0889710	 	27-Feb-02	 	Granted
	 IPP1EP
	 	Europe	 	97914438.3	 	25-Mar-97	 	EP0889710	 	02-Oct-97	 	EP0889710	 	27-Feb-02	 	Granted
	 IPP1ES
	 	Spain	 	97914438.3	 	25-Mar-97	 	EP0889710	 	02-Oct-97	 	EP0889710	 	27-Feb-02	 	Granted
	 IPP1FR
	 	France	 	97914438.3	 	25-Mar-97	 	EP0889710	 	02-Oct-97	 	EP0889710	 	27-Feb-02	 	Granted
	 IPP1GB2
	 	UK	 	97914438.3	 	25-Mar-97	 	EP0889710	 	02-Oct-97	 	EP0889710	 	27-Feb-02	 	Granted
	 IPP1IT
	 	Italy	 	97914438.3	 	25-Mar-97	 	EP0889710	 	02-Oct-97	 	EP0889710	 	27-Feb-02	 	Granted
	 IPP1JP
	 	Japan	 	534142/1997	 	25-Mar-97	 	515397/2000	 	21-Nov-00	 		 		 	Pending
	 IPP1NO
	 	Norway	 	1998.4472	 	25-Mar-97	 		 		 		 		 	Pending
	 IPP1NZ
	 	New Zealand	 	331840	 	25-Mar-97	 		 		 	331840	 	06-Jul-00	 	Granted
	 IPP1TR
	 	Turkey	 	98/01923	 	25-Mar-97	 		 		 	TR1998 01923B	 	21-Dec-00	 	Granted
	 IPP1ZA
	 	South Africa	 	97/2638	 	26-Mar-97	 		 		 		 	31-Dec-97	 	Granted
	 IPP2AU
	 	Australia	 	37888/00	 	04-Nov-99	 		 		 	748996	 	26-Sep-02	 	Granted
	 IPP2CA
	 	Canada	 	2348843	 	04-Nov-99	 		 		 		 		 	Pending
	 IPP2DE
	 	Germany	 	99954145.1	 	04-Nov-99	 	1128821	 	18-May-02	 		 		 	Granted
	 IPP2EP
	 	Europe	 	99954145.1	 	04-Nov-99	 	1128821	 	18-May-02	 	1128821	 	03-Sep-03	 	Granted
	 IPP2ES
	 	Spain	 	99954145.1	 	04-Nov-99	 	1128821	 	18-May-02	 	1128821	 	03-Sep-03	 	Granted
	 IPP2FR
	 	France	 	99954145.1	 	03-Nov-99	 	1128821	 	18-May-02	 	1128821	 	03-Sep-03	 	Granted
	 IPP2GB2
	 	UK	 	9925166.2	 	25-Oct-99	 	2343669	 	17-May-00	 	2343669	 	22-Aug-01	 	Granted
	 IPP2GB3
	 	UK	 	99954145.1	 	04-Nov-99	 	1128821	 	18-May-02	 	1128821	 	03-Sep-03	 	Granted
	 IPP2IL
	 	Israel	 	142819	 	04-Nov-99	 		 		 		 		 	Pending
	 IPP2IN
	 	India	 	IN/PCT/2001/ 00475	 	04-Nov-99	 		 		 		 		 	Pending
	 IPP2IT
	 	Italy	 	99954145.1	 	04-Nov-99	 	1128821	 	18-May-02	 	1128821	 	03-Sep-03	 	Granted
	 IPP2JP
	 	Japan	 	580598/200	 	04-Nov-99	 	529398/2002	 	10-Sep-02	 		 		 	Pending
	 IPP2US
	 	USA	 	09/831,587	 	04-Nov-99	 		 		 	6352719	 	05-Mar-02	 	Granted
	 IPP4GB2
	 	GB	 	0102204.5	 	29-Jan-01	 	2361643	 	31-Oct-01	 	2361643	 	24-Nov-04	 	Granted
	 IPP4GB3
	 	GB	 	0411917.8	 	27-May-04	 	2398499	 	25-Aug-04	 	2398499	 	24-Nov-04	 	Granted
	 IPP8AT
	 	Austria	 	01940817.8	 	21 Jun 01	 	1317255	 	17 Jan 02	 	1317255	 	6 Oct 04	 	Granted
	 IPP8BE
	 	Belgium	 	01940817.8	 	21 Jun 01	 	1317255	 	17 Jan 02	 	1317255	 	6 Oct 04	 	Granted
	 IPP8CH/LI
	 	Switzerland/Liechtenstein	 	01940817.8	 	21 Jun 01	 	1317255	 	17 Jan 02	 	1317255	 	6 Oct 04	 	Granted
	 IPP8CY
	 	Cyprus	 	01940817.8	 	21 Jun 01	 	1317255	 	17 Jan 02	 	1317255	 	6 Oct 04	 	Granted
	 IPP8DE
	 	Germany	 	01940817.8	 	21 Jun 01	 	1317255	 	17 Jan 02	 	1317255	 	6 Oct 04	 	Granted
	 IPP8DK
	 	Denmark	 	01940817.8	 	21 Jun 01	 	1317255	 	17 Jan 02	 	1317255	 	6 Oct 04	 	Granted
	 IPP8EP
	 	Europe	 	01940817.8	 	21 Jun 01	 	1317255	 	17 Jan 02	 	1317255	 	6 Oct 04	 	Granted
	 IPP8ES
	 	Spain	 	01940817.8	 	21 Jun 01	 	1317255	 	17 Jan 02	 	1317255	 	6 Oct 04	 	Granted
	 IPP8FI
	 	Finland	 	01940817.8	 	21 Jun 01	 	1317255	 	17 Jan 02	 	1317255	 	6 Oct 04	 	Granted
	 IPP8FR
	 	France	 	01940817.8	 	21 Jun 01	 	1317255	 	17 Jan 02	 	1317255	 	6 Oct 04	 	Granted
	 IPP8GB2
	 	GB	 	01940817.8	 	21 Jun 01	 	1317255	 	17 Jan 02	 	1317255	 	6 Oct 04	 	Granted
	 IPP8GR
	 	Greece	 	01940817.8	 	21 Jun 01	 	1317255	 	17 Jan 02	 	1317255	 	6 Oct 04	 	Granted

  

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	 Ref
	  	Country	  	 Application
 Number
	  	Application
Date	  	Publication
Number	  	Publication
Date	  	Patent No.	  	Patent
Date	  	STATUS
	 IPP8IE
	  	Ireland	  	01940817.8	  	21 Jun 01	  	1317255	  	17 Jan 02	  	1317255	  	6 Oct 04	  	Granted
	 IPP8IT
	  	Italy	  	01940817.8	  	21 Jun 01	  	1317255	  	17 Jan 02	  	1317255	  	6 Oct 04	  	Granted
	 IPP8LU
	  	Luxembourg	  	01940817.8	  	21 Jun 01	  	1317255	  	17 Jan 02	  	1317255	  	6 Oct 04	  	Granted
	 IPP8MC
	  	Monaco	  	01940817.8	  	21 Jun 01	  	1317255	  	17 Jan 02	  	1317255	  	6 Oct 04	  	Granted
	 IPP8NL
	  	Netherlands	  	01940817.8	  	21 Jun 01	  	1317255	  	17 Jan 02	  	1317255	  	6 Oct 04	  	Granted
	 IPP8PT
	  	Portugal	  	01940817.8	  	21 Jun 01	  	1317255	  	17 Jan 02	  	1317255	  	6 Oct 04	  	Granted
	 IPP8SE
	  	Sweden	  	01940817.8	  	21 Jun 01	  	1317255	  	17 Jan 02	  	1317255	  	6 Oct 04	  	Granted
	 IPP8TR
	  	Turkey	  	01940817.8	  	21 Jun 01	  	1317255	  	17 Jan 02	  	1317255	  	6 Oct 04	  	Granted
	 IPP8US
	  	USA	  	10/332,203	  	21 Jun 01	  	03-0185881	  	2 Oct 03	  		  		  	Pending
	 IPP23GB
	  	GB	  	0417199.7	  	2 Aug 2004	  		  		  		  		  	Pending
	 IPP24GB
	  	GB	  	0418650.8	  	20 Aug 04	  		  		  		  		  	Pending

 Trade marks and trade mark applications 
  

															
	 BPRG
 REF
	  	TERRITORY	  	CLASSES	  	APPLICATION
NUMBER	  	PUBLICATION
DATE	  	REGISTRATION
DATE	  	REGISTERED
NUMBER	  	COMMENTS
	 IPT11
	  	Europe	  	1, 7, 40	  	003994051	  	29th August 2005	  		  		  	Pending
	 IPT11
	  	USA	  	1, 7, 40	  	78/567,107	  		  		  		  	Awaiting
publication

 SEPTUM 
 Patents and patent applications 
  

																	
	 Ref
	  	Country	  	Application
Number	  	Application
Date	  	Publication
Number	  	Publication
Date	  	Patent No.	  	Patent
Date	  	STATUS
	 IPP3AU
	  	Australia	  	59944/00	  	07-Jul-00	  		  		  		  		  	Pending
	 IPP3CA
	  	Canada	  	2375616	  	07-Jul-00	  		  		  		  		  	Pending
	 IPP3EP
	  	Europe	  	00946054.4	  	07-Jul-00	  	1194130	  	18-Jan-01	  		  		  	Pending
	 IPP3JP
	  	Japan	  	508957/2001	  	07-Jul-00	  		  		  		  		  	Pending
	 IPP3US
	  	USA	  	10/030,902	  		  		  		  		  		  	Pending

 Trade marks and trade mark applications 
  

															
	 BPRG
 REF
	  	TERRITORY	  	CLASSES	  	APPLICATION
NUMBER	  	PUBLICATION
DATE	  	REGISTRATION
DATE	  	REGISTERED
NUMBER	  	COMMENTS
	 IPT11
	  	Europe	  	1, 7, 40	  	003994051	  	29 August 2005	  		  		  	Pending
	 IPT11
	  	USA	  	1, 7, 40	  	78/567,107	  		  		  		  	Responded
to office
action,
waiting for
publication

  

 10 








 TABWRAP 
 Patents and patent applications 
  

																	
	 Ref
	  	Country	  	Application
Number	  	Application
Date	  	Publication
Number	  	Publication
Date	  	Patent No.	  	Patent Date	  	STATUS
	 IPP9AU
	  	Australia	  	2002304511	  	29 May 02	  		  		  		  		  	Pending
	 IPP9CA
	  	Canada	  	2445649	  	29 May 02	  		  		  		  		  	Pending
	 IPP9CN
	  	China	  	02811162.1	  	29 May 02	  		  		  		  		  	Pending
	 IPP9EP
	  	Europe	  	02732903.6	  	29 May 02	  	1392251	  	12 Dec 02	  		  		  	Pending
	 IPP9HK
	  	Hong
Kong	  	04103888.5	  	31 May 04	  		  		  		  		  	Pending
	 IPP9IN
	  	India	  	01479/KOLNP/
2003	  	29 May 02	  		  		  		  		  	Pending
	 IPP9JP
	  	Japan	  	501434/2003	  	29 May 02	  		  		  		  		  	Pending
	 IPP9NZ
	  	New
Zealand	  	529170	  	29 May 02	  		  		  		  		  	Pending
	 IPP9US
	  	USA	  	10/477,570	  	29 May 02	  		  		  		  		  	Pending
	 IPP9ZA
	  	South
Africa	  	2003/9342	  	29 May 02	  		  		  		  		  	Granted
	 IPP29GB
	  	GB	  		  	31 Oct 2005	  		  		  		  		  	Pending
	 IPP30GB
	  	GB	  		  	31 Oct 2005	  		  		  		  		  	Pending

 Trade marks and trade mark applications 
  

															
	 BPRG
 REF
	  	TERRITORY	  	CLASSES	  	APPLICATION
NUMBER	  	PUBLICATION
DATE	  	REGISTRATION
DATE	  	REGISTERED
NUMBER	  	COMMENTS
	 IPT6CTM
	  	Europe	  	1, 7, 40	  	003248911	  	15 March 2004	  	6 August 2004	  	003248911	  	GRANTED
	 IPT6GB
	  	UK	  	1, 7, 40	  	2326474	  	13 June 2003	  	14 March 2003	  	2326474	  	GRANTED
	 IPT6USA
	  	USA	  	1, 7, 40	  	78/273,152	  	26 October 2004	  		  		  	Statement
of Use due
18 January
2006

 SOLULEAVES 
 Patents and patent applications 
  

																	
	 Ref
	  	 Country
	  	Application
Number	  	Application
Date	  	Publication
Number	  	Publication
Date	  	Patent No.	  	Patent
Date	  	STATUS
									
	 IPP20
	  	 PCT
	  		  	17 May 04	  		  		  		  		  	Pending
									
	 IPP22
	  	 PCT
	  	PCT/US2005/
20089	  	07 June 05	  		  		  		  		  	Pending

 Trade marks and trade mark applications 
  

															
	 BPRG
 REF
	  	TERRITORY	  	CLASSES	  	APPLICATION
NUMBER	  	PUBLICATION
DATE	  	REGISTRATION
DATE	  	REGISTERED
NUMBER	  	COMMENTS
	 IPT12
	  	Europe	  	1, 3, 5, 7, 29,
30, 40	  	003994068	  		  		  		  	Waiting
for
publication
	 IPT12
	  	USA	  		  	78/566,944	  		  		  		  	Need to
respond to
office
action by
12 March
2006

  

 11 








 WAFERTAB 
 Patents and patent applications 
  

																	
	 Ref
	  	 Country
	  	Application
Number	  	Application
Date	  	Publication
Number	  	Publication
Date	  	Patent No.	  	Patent Date	  	STATUS
									
	 IPP19WO
	  	 PCT
	  	PCT/GB2005/
000615	  	18 Feb 05	  		  		  		  		  	Pending
									
	 IPP27
	  	 GB
	  	0508306.8	  	25 Apr 05	  		  		  		  		  	Pending

 Trade marks and trade mark applications 
  

															
	 BPRG
 REF
	  	TERRITORY	  	CLASSES	  	APPLICATION
NUMBER	  	PUBLICATION
DATE	  	REGISTRATION
DATE	  	REGISTERED
NUMBER	  	COMMENTS
	 IPT10
	  	Europe	  	1, 3, 5, 7, 29,
30, 40	  	003693983	  	20 December 2004	  	29 August 2005	  	003693983	  	GRANTED
- renewal
due 3 March
2014
	 IPT10
	  	USA	  	1, 3, 5, 7, 29,
30, 40	  	76/584,227	  		  		  		  	Amendments
submitted to
USPTO

  

 12 








 SIGNED by the parties’ authorised representatives on the date written at the head of this Agreement. 
  

	
	 For and on behalf of BioProgress plc

	  
 /s/ Georgina Godby
  
 (signature)

	
	 Name: Georgina Godby

	
	 Position: Company Secretary


  

	
	 For and on behalf of Dexo BioGenerics Limited

	  
 /s/ Steve Martin
  
 (signature)

	
	 Name: Steve Martin

	
	 Position: Director


  

 13