Gene Schurg wrote:

Recently I've seen a couple of phals with "vegetative propagation
prohibited" printed on the name tag. I know that some major corporations
are filing for plant patents. I hear about this more when they have
"Genetically altered Corn" or other major cash crops.

I'd like to have a discussion here about plant patents and orchids.

Is it fair that I spend my time and selective breeding to create a navy blue
phalanopsis and get all kinds of awards on it only to sell a clone of it and
have someone else make a thousand copies?

If I pay my good money for a plant don't I have some rights to make copies
of it? What if it sends out a keiki on its own? Do I have to destroy that
keiki? Would I go to jail if I sell that keiki?

I'm sure there are some opinions on this topic out there in Orchid Land.

Good Growing,
Gene

Gene;
I think it is fair that if someone made a new hybrid to restrict anyone else
from making clones of it. However, a patent does not prevent anyone else from
attempting to make the same (or a better) cross from the original parents
(assuming they are available to everyone). A patent also does not prevent one to
using that plant further in hybridizing, AFAIK.
Restrictions on vegetative propagation is unenforceable if one does not sell any
of the plants.

Regards,