BAG LABELS
- Bag label contracts are another form of legal protection which can be applied to plants (SEEDS).
- An explicit contract is described on a bag label which is normally sewn into the seal of a bag. By opening the bag and breaking the seal, the purchaser agrees to comply with the contract.
- These contracts are similar to what is commonly known as "shrink wrap licenses" in software. As yet the strength of protection conferred by the bag label is not firmly established.
TECHNOLOGY USE AGREEMENTS (TUAs)
- A technology use agreement is an agreement most commonly between technology suppliers and farmers which usually controls the right to plant a given seed on a specific area of land often for a certain period of time.
- The agreement provisions can also include restrictions on the use of proprietary traits in the creation of new varieties and also gives permission for the technology supplier to access the farmers property to check for violations.
- This form of property right enforcement has been implemented by producers of agronomic traits in the U.S. and other countries. In some cases, the producers reserve the right to inspect the field of the contracting farmer and to take samples to ensure the compliance of the farmer with the TUA.
- A breach of a Technology Use Agreement gives rise to a claim for damages if a breach of contract occurs.