Dia-Prosim S.A., 107, Rue Edith Cavell, Vitry sur Seine, France.

M. Philipe Cerf, Managing Director.

File No.4 (Stafford Site).

Agreements on file.

  1. 15 February 1968.

    An agreement between Evode Ltd., Evomastics Ltd., SA La Gutta-Percha and SA Dia-Prosim and is termed a supplemental agreement to those of 26 June 1957, 4 February 1960 and 5 January 1961 and “The Evomastics Agreement” dated 28 March 1961.

    This agreement allowed the transfer of licenses held by La Gutta-Percha to Dia-Prosim from 1 January 1968 and cancelled those with La Gutta-Percha of the dates 26 June 1957, 3 January 1961 and the Letter of Agreement dated 21 December 1960 with Richards Tiles Ltd.

  2. 15 February 1968.

    This agreement was dated to take effect from 1 January 1968 and remain valid until 31 December 1969.

    An agreement between Evode Ltd. and SA Dia-Prosim for the manufacture and sale of adhesive systems made under license from Evode Ltd.

    Paragraph 6b. mentions for the first time Bal-Tad and Richafix formulations on which a 5% royalty on invoiced sales is to be levied, which has to be shared between Evode Ltd. and Building Adhesives Ltd.

    The royalty payment on Evode products was set at £3,000 per annum.

    Paragraph 11 is interesting as it is the first occasion to date such a clause had been inserted.

    It stated that the Licensee should employ formulae and processes advised by Evode Ltd., doing nothing to lower the quality of the products and jeopardising the reputation of the Trade Mark.

  3. 15 February 1968.

    This agreement covered the period from 1 January 1970 to 31 December 1984.

    An agreement between Evode Ltd. and SA Dia-Prosim to manufacture adhesives and formulations made by Evode Ltd.

    The terms of royalty were varied to 3% on invoice value and 5% on BAL formulations.

    The minimum royalty was set at £3,000 per annum.

    The third schedule of this agreement made clear why a transfer of manufacturing rights from SA La Gutta-Percha to SA Dia-Prosim took place. La Gutta-Percha wished to sell various types of adhesives into the French shoe industry for use in coating, impregnation, extrusion, rolling or surfacing. These adhesives would be manufactured by Dia-Prosim and sold by La Gutta-Percha.

    Minimum annual turnover was specified as follows:-

    From 1 January 1970 for the first 12 months FF300,000
    From 1 January 1971 for the second 12 months FF600,000
    From 1 January 1972 for the third 12 months FF900,000
    From 1 January 1973 for the fourth 12 months FF1,200,000
    From 1 January 1974 and subsequently FF1,500,000
  4. 15 February 1968.

    This letter appears to be in anticipation of an agreement being signed between Evode Ltd., Evomastics Ltd. and Dia-Prosim.

    In the agreement with SA La Gutta-Percha there was a list of overseas territories connected to France listed as areas into which La Gutta-Percha could sell adhesives and sealants made under license from Evode. SA Dia-Prosim desired to waive this clause and allow the Evode Export Department to pick up any business which may be forthcoming. Dia-Prosim also agreed that any business which may be obtained from French dependant territories in the Pacific region should be dealt with from Australia or New Zealand.

  5. 15 February 1968.

    An agreement between Evomastics Ltd. and SA Dia-Prosim to manufacture under license the products in the Evomastics prospectus.

    Sales territories specified were France, Tunisia, Morocco and other agreed territories .

    Royalty was set at 5% of invoice sales value. A counter royalty of 3% payable by Evomastics to SA Dia-Prosim was agreed should the latter develop formulations which Evomastics choose to adopt and sell. A minimum royalty was specified on annual turnover.

    The agreement was deemed to have taken effect from 1 January 1968 and was valid until 31 December 1969.

  6. 15 February 1968.

    An agreement between Evomastics Ltd. and SA Dia-Prosim, valid from 1 January 1970. Presumably this agreement followed on from the one above. It was valid until 31 December 1984 or an agreed subsequent date.

    Royalties were set as follows:-

    For the first 12 months to 31 December 1970 minimum £600
    For the second 12 months to 31 December 1971 minimum £1,200
    For the third 12 months to 31 December 1972 minimum £1,800
    For the fourth 12 months and subsequently minimum £3,000

    A date of 31 December 1982 was set at which time Evomastics and SA Dia-Prosim would agree whether to terminate the agreement on 31 December 1984.

  7. 15 February 1968.

    A document in French granting a sub-license by SA Dia-Prosim to La Gutta-Percha following the agreement reached with Evode Ltd. This was to allow La Gutta-Percha to sell adhesives products made by Dia-Prosim into the shoe industry and the manufacture and sale by La Gutta-Percha of specific adhesives for use in the shoe industry for coating, extrusion, calendering, forming and moulding. This is supported by a document in French entitled “Convention” which gives much more specific details of the agreement.

  8. 2 May 1968.

    A memorandum clarifying some of the terms of the agreement No.7 above dated 15 February 1968 with regards to the sub-license granted to La Gutta-Percha by SA Dia-Prosim.

  9. 13 May 1968.

    A memorandum deleting some of the clauses contained in the agreements with Evode Ltd. and Evomastics Ltd. dated 15 February 1968.

  10. 16 January 1969.

    An exchange of letters between Dia-Prosim and Evode Ltd. suggesting a revision of the royalty payments agreed in the contracts of 15 February 1968 with Evode Ltd. and Evomastics Ltd. Evode Ltd. replied on 23 January 1969 agreeing to the proposals made.

  11. 12 August 1969.

    A supplemental agreement to those of 26 June 1957 and 28 March 1961 between Evode Ltd., Evomastics Ltd. and SA La Gutta-Percha.

    This agreement brought to an end the rights of La Gutta-Percha to manufacture and sell products licensed by Evode Ltd., Evomastics Ltd. and Richards Tiles.

  12. August 1969.

    A letter from Dia-Prosim to Evode Ltd. advising of an agreement reached with a company called Valentine for the distribution of various adhesives products into a number of market sectors. The agreement attached to the letter is in French and is very detailed.

  13. 15 June 1970.

    An agreement between Evode Ltd. and SA Dia-Prosim to employ Anthony Cyril Talbot on a full time basis to provide technical assistance in the manufacture of Evode Products, until further notice.

  14. 2 May 1973.

    A document in French date stamped as above formally brought to an end the agreements between Evode Ltd., Evomastics Ltd. and SA Dia-Prosim, the terminal date being 31 December 1972.

    The reason for the termination is given in this document as:-

    “Evode has blamed SA Dia-Prosim for having divulged to a third party their formulations and methods of manufacture”

    However it appears that the Dia-Stik trade mark would be passed to Evode to continue sales in France.

  15. 1 October 1973.

    An agreement between Evode Ltd. and Compagnie Des Vernis Valentine for the use of formulations and processes to manufacture products for sale in specific territories to wholesale and retail trades.

    Clause 1 (iii)d reserves the right to Evode Ltd. to acquire a subsidiary company to make and sell adhesives into these territories.

    This is the first time such a clause was incorporated into a Licensee agreement.

    Another surprising clause was the low setting of the royalty payments at 2% on invoiced sales.

    The trade mark Dia-Stik was to be used for sales of products in the specified territories. Another departure was to list the six products to be made under the terms of the agreement and their Dia-Stik equivalent references.

    From the correspondence dated October 1973 it would appear that some royalties due to Evode Ltd. by Dia-Prosim on sales to Valentine had not been paid as it was agreed in the letter dated 22 October 1973 “…..that payment will be made from 1 January 1972…..”

The correspondence terminated with these letters in October 1973.

Data lodged in Stafford Records Office.

D5189/4/3/11.(File No.1.)
This booklet contains formulation data used mainly by Simson but there is also information on the products made by Dia-Prosim and La Gutta Percha.

D5189/4/3/12. (File No. 2.)
This booklet contains formulation data on the products made by Dia-Prosim and Evomex.

D5189/4/3/13. (File No. 3.)
This file contains a collection of photographs of Evo-Stik Impact Adhesive with the caption “As sold in France”. The cans bear the legend “Production La Gutta Percha”.

D5189/4/3/14. (File No.5.)
This file is entitled “Dia-Prosim formulations” but in fact contains formulation data used by La Gutta Percha, Dia-Prosim and EMFI, principally the latter two.

June 2004