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-   -   Can someone please explain "Propagation Rights?" (https://www.gardenbanter.co.uk/gardening/41753-can-someone-please-explain-propagation-rights.html)

Chris Owens 04-09-2003 06:02 AM

Can someone please explain "Propagation Rights?"
 
Alex Olson wrote:

I'd like to know how corporations can now actually trademark PLANTS -
THINGS THAT GROW - and SUE people who grow them.

To give an example... apparently if you try to get seed out of a
calibrachoa plant, OR plant separate cuttings of it, you can be sued
for copyright violation! Some corporation claims to have "invented"
the hybrid, so that means that no one but them is allowed to grow
it!!!

For this reason, calibrachoa seed is ILLEGAL to buy in seed form, so
everyone misses out on being able to grow it.

How is it possible that such a ridiculous law can be enforced country
wide in the United States?


If you create an unique variety of a plant, you can patent it.
That give you the right to say how the plant is used. As a
general rule, non-commercial propagation isn't challenged; but if
you start taking cuttings off of a patented plant and selling
them, you'll probably find yourself served with a suit for
royalties. BTW, why are you opposed to the person who did the
work getting the benefit? Breeding new varieties can be a long,
arduous, and expensive process.

Chris Owens




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