Re: PVP---the reality
what is PVP?
--- Cliff Warren <cliffrwarren@hotmail.com> wrote:
>
> 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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