End-user license agreement on a fruit bag: misleading to consumers?

Perspectives on the border between use & misuse of legitimate powers according to CPVR law

Abstract

rumors have recently outspread over a thought-provoking post on social media depicting a sort of “shrink-wrap” license agreement attached to the front of a fruit bag in the United States. As European consumers and professionals, a few questions spontaneously arise: can the above license be deemed as legitimate and, should it be the case, would it be enforceable against final consumers according to Community plant variety laws? Against this background, the paper will preliminary draw comparative views upon US and Community PVR systems, carefully touching upon the exceptions and limitations to the scope of the breeder’s rights, the doctrine of exhaustion and the implications it encompasses within the fruit supply chain, in order to finally take a position on whether or not the licensing trends as the above one may be deemed as solidly grounded from a legal standpoint, in accordance with the applicable PVR law at Community level.