View Single Post
  #39   Report Post  
Old 24-07-2004, 05:32 AM
Peltigera Peltigera is offline
Registered User
 
First recorded activity by GardenBanter: Jul 2004
Location: Lincoln, UK
Posts: 16
Default Anyone come across this before?

Put in that context, I can see the validity of the PBR - and withdraw
my comments unreservedly. I hadn't considered the possibility of
unscrupulous traders cashing in through unlicensed breeding.

Many thanks for the informative perspective.

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,



--
Stephen Howard - Woodwind repairs & period restorations
http://www.shwoodwind.co.uk
Emails to: showard{who is at}shwoodwind{dot}co{dot}uk [/b][/quote]


If you breed from the plant, you have a differnet selection of alleles and so it is not the same plant. The same if the plant produces a sport - pinks are prone to do this. A pbr protected pink may produce a distinct sport in one shoot - you can propagate that sport with impunity.

A caveat for plants with genes inserted as a genetic modification - the gene may be patented rather than the plant and there may also be contractual issues with your supplier over and above PBR ones .