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Old 10-05-2005, 10:03 PM
Phil L
 
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Sacha wrote:
:: On 10/5/05 19:15, in article
:: , "Phil L"
:: wrote:
::
:: snip
::: from what I can gather these PBR's are nothing
::: more than a type of 'copyright' on a certain plant, this can do
::: no more than stop a rival comercial grower from reproducing them,
::: it cannot stop individuals from doing what they want.
::: ever.
:::
::
:: "from what I can gather" is not a good premise on which to advise
:: other people on a potential legal question.

OK, what I should have said is, "go ahead and do what you like, no one has
ever been prosecuted in the UK for infringing these PBR's"

Wake up and smell the coffee Sacha! - imagine if the OP is at her Charity
sale and the owner of the PBR *himself* walks past (the one person out of 60
million in the UK) what is he to do? - phone the police?....even without the
astonomical odds of this happening aside, do you think that:
A) the police either know or care about this law?
B) can spare the manpower to deal with it?
C) would attend the scene at all if there were no firearms involved?


:: Your pronouncement is a little on the over-confident side. What
:: will deter individuals from reproducing plants with PBR is volume
:: and intention and the reaction of the plant breeders' agents to
:: both.

As I said earlier, can you point me in the direction of an *individulal*
being sucessfully prosecuted in the UK?
The OP was talking about a car boot sale or similar, hardly Kew Gardens is
it?

IMV these laws are aimed at companies and other nurseries stealing the
copyright or PBR of another, once they are sold to the general public, no
one has *any* kind of control over what happens next and rightly so.

--
If God had intended us to drink beer, He would have given us stomachs.