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Old 30-04-2004, 01:03 PM
Tom Bennett
 
Posts: n/a
Default Anyone come across this before?

"Sacha" wrote (in reply to Stephen Howard who said) Mind you... what
happens if you breed from such a plant ( as opposed
to merely grow cuttings ) - who would own the rights to the new
variety??

Regards,


Good question. I'll ask the boss!
--
Sacha
www.hillhousenursery.co.uk
South Devon


Sacha,

I'm no lawyer, but I would argue that, if you breed from such a plant,
you're producing a NEW cultivar and you're not propagating (i.e. cloning,
true to type) the one parent that has PBR. The new plant, even if it's
any good (and IME most of them are not), would not be the one being sold
by the producer who has the PBR. It would probably differ markedly from
the parent(s) and you wouldn't, therefore, be affecting his/her livelihood
or future profits.

I'm not aware of PBR being applied in the same way as livestock breeding -
if it were to be, there would be armies of inspectors, having to check on
chance seedlings in everyones' gardens.

- Tom.