Re: PVP---the reality
>I have yet to see the holder of this certificate ever enforce the
>legal right to limit sale and propegation of AG's by people other
>than himself. The law may give him the right, but he has chosen
>not to exercize the right. Anybody with more knowledge care to
>correct me?
Well, maybe. I don't claim to know all the details of this
particular case, but you shouldn't assume that Mr. Dill is
not enforcing the PVP. If he failed, over time, to enforce
it, he could be made to give up the right entirely. One
thing that many people don't understand, is that Howard Dill
Enterprises can "license" anyone it wishes to sell the
Dill's Atlantic Giant seed. All of the seed companies that
sell the AG seed are licensed. (Or they had better be, or else
they would indeed be in violation of the PVP.) In these cases,
we're talking about large operations... seed companies, etc.
This is likely one source of income for Howard Dill Enterprises,
the license contracts that the seed companies pay.
Of course, there are individuals. The law applies to them
as well, but the damages they might face if found in violation
are likely limited to the amount the violator stood to gain.
Again, no one is saying that it's cool to sell seeds, but
the fact remains that pursuing every individual is likely not
productive. The failure to pursue these cases would probably
not jeopardize the PVP, but I don't know too much about that.
There are auctions, and from what I hear these are usually
granted permission from Howard Dill Enterprises. Everything
is cool with that.
I don't want to start a war here. I'm not a lawyer, but I do
get familiar with these issues in my work. Anyway, that's how
I understand it.
Regards, Cliff
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