Re: PVP---the reality
Well, again, I don't want to go too far down a road
where I don't speak the language. My knowledge of the
law can be summed up in dealing with Intellectual
Property rights in the semiconductor industry, and
having read a fair number of John Grisham novels. ;-)
Having said that, I think (?) that PVP law is
probably very similar to IP law, patent issues, etc.
Anyway, about loosing ones PVP, all I'm saying is that
if seed company A went about, over a period of years,
selling AG seed without license, and it could be shown
that Howard Dill Enterprizes knew all about it and did
nothing to stop it, then seed company B could come along
and say, "hey, we want the same deal". And seed company
B could probably win this issue in court. Realize, however
that this is probably not going on. Rather, the
responsible seed companies are licensed, period. My
original response to this was in attempting to answer why
HDE probably does enforce the PVP. I'm not saying they go
to court over it daily... I doubt they ever do. This is all
just what goes into running a business. Contracts and
license agreements happen all the time.
In another sense, "enforce the PVP", doesn't mean that you
go to court over it with everyone, it means that you have a
system and standard in place whereby you use your right to
do business, enter contracts, etc, etc. A "failure to enforce"
the PVP might mean that HDE said, "Ah, forget all that
pumpkin stuff. I'm gonna retire". And HDE doesn't give one
hoot about anyone doing anything with the PVP. In that case
the PVP would be worthless, because HDE has no interest in
"enforcing" it.
I've probably rambled on way too long... ;-)
I'm not particularly fond of lawyers either, but I do
appreciate the law. Without it we'd all have a big mess.
Regards, Cliff
>Cliff: Are you saying ?? That his rights are testable & he should have to
>spend the money on lawyers
>to have it, a income for them, that's the bad apples I spoke of, what's
>wrong with just
>growing these thing's for fun & respecting the man that is allowing us to
>do it ???? Without
>forcing him to the letter of the law & make these crooked lawyers rich.
>???? As you can see, I
>have very little respect for lawyers. Al Capone with a pencil rather than a
>machine gun. Lol
>
>
>At 11:27 AM 6/13/02, you wrote:
>>>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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>
>
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