"Sacha" wrote in message
.uk...
On 1/12/05 20:35, in article
, "Duncan"
wrote:

In a similar vien to the debate about true-breeding named varities, last
summer I bought a named variety of Heuchera which has a label stating
that
"breeder's rights" prohibit the propagation of this plant. Now, one
reason I
like heucheras is that a plant becomes a big clump - you split it up -
each
new clump gets bigger - you split it up .... etc. that, and the amazing
variety of leaf shape and colour.
Does UK law actually allow the breeder of a plant variety to tell me
that I
can't propagate it? or is this just a threat that civil action might be
tried if I sold offsets as the named plant?

Duncan


The rights to that plant belong to its breeder. It's like a patent. The
plant breeder gets a royalty for every plant sold. It's very unlikely
that
any breeder is going to 'get you' for propagating and giving away a few
plants but could they? Yes. My husband has a very successful Nemesia
which
has earned thousands of pounds. It is 'patented' for breeding in USA and
Japan - where it is very popular indeed - but we did find out that a
grower
abroad was propagating it without a licence and Ray's agent took the
matter
in hand. Is there a way of proving it's that plant or some un-named
plant
of your own? Yes. These plants undergo trials for that very reason.
Some
are a commercial cert, some are not. If they get PBR, Plant Breeder's
Rights, they are protected.
To put it more clearly, I knew the inventor of the Black & Decker
Workmate.
Like me, he lived in Jersey. He told me that not a day went by that his
agents (who I knew also) weren't fighting some breach of patent somewhere
in
the world.)
Just because they're plants doesn't mean they are not commercially viable.
After all, someone has paid to develop them, or find them, breed them,
bulk
them up, trial them and then pay to patent them.
--
Sacha
www.hillhousenursery.co.uk
South Devon
(remove the weeds to email me)

So watch out those of you with Ipomoea seeds, Grandpa Otts's agents will be
coming to get you !

Absolutely right that plant breeders should have protection for the returns
on their hefty investment in time and funds to develop a plant variety, and
can try to get redress if someone who hasn't done the work is cashing in on
the variety.

But I just have to question one assertion in the post above. As PBRs "do not
extend to any act done for private or non-commercial purposes..." (
www.defra.gov.uk/planth/pvs/pbrguide.htm ), how could anyone possibly "get "
anyone for "propagating and giving away a few plants" with this exclusion?

Duncan