On 9/5/05 20:59, in article ,
"Phil L" wrote:

snip
Why? - if I've had fuchsias growing for the past 20 years and decide to flog
12 dozen cuttings to the corner shop, what harm has been done? - his regular
supplier has lost a few quid?


After 20 years, you might be in the clear! But plants with Plants Breeders
Rights on them are exactly like inventions with a patent on them. You must
not produce copies (cuttings) of them. My husband has PBR on a couple of
things and I can tell you that to the breeder some plants are worth a lot of
money, depending on the demand and popularity. So, having done the work and
paid for the PBR and the trials and everything else that has to be done,
which can also cost a thousand or two, a plant breeder would have every
right to stop you selling his plants for your gain. And these things *are*
followed up to my certain knowledge. Now, all that said, nobody is going to
go after anyone who takes a few cuttings to give to friends or sell at a
charity stall - the rip off would have to be on a much larger scale than
that.
But your 144 fuchsias would take 144 royalty payments away from the original
breeder and it is quite possible that the breeder would take a dim view of
that if it became known. I know we certainly would. PBR is there to protect
the interests of the person who has done all the work, used their time and
their skill, spent their money, paid for the trials and licences, so
effectively, you would be taking their money away from them. I knew the man
who invented the Black & Decker workmate and some years ago he told me that
never a month went by without his agent having to fight some case over
others trying to rip them off with copies - as it is for large 'solid'
objects, so it is for PBR plants. Just because they're plants and easier to
copy (propagate) doesn't mean it isn't illegal to do so.
--
Sacha
www.hillhousenursery.co.uk
South Devon
(remove the weeds to email me)