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Copyright on plants?
I just bought a heather today, and noticed on the label the phrase "this
plant may not be propogated without permission" Is this a copyright thing? Is it enforcable? What if the flowers produce seeds? Will the supplier come around and sue my plant? Bob |
Copyright on plants?
Bob Smith24/3/04 3:18
I just bought a heather today, and noticed on the label the phrase "this plant may not be propogated without permission" Is this a copyright thing? Is it enforcable? What if the flowers produce seeds? Will the supplier come around and sue my plant? Bob It's Plant Breeder's Rights. I don't think you need to worry about it as a private gardener. While absolutely strictly you shouldn't propagate the plant, those Rights are to protect the breeder from commercial developers growing plants in their thousands, not the amateur giving a small cutting to a few friends. And of course, the latter is not enforceable while the former certainly is. Quite a lot of money can be involved so it's in the breeder's interests to enforce PBR if he finds a commercial nursery transgressing them. It happened to my husband and his agent was on to it quite quickly, I can tell you! -- Sacha www.hillhousenursery.co.uk South Devon (remove the weeds to email me) |
Copyright on plants?
Only a particular cultivar can be patented (not copywrited). The plant
patent is only good for 17 years. Most cultivars are hybrids and do not come true from seed. Seedlings from your plants would not be covered by the patent but plants propagated asexually from cuttings would be. Yes it is enforceable. If you sold cuttings of the patented plant and you were caught doing it, they certainly could sue you pants off as well as have you and your balls heavily fined and/or taken away to jail!!! "Bob Smith" wrote in message ... I just bought a heather today, and noticed on the label the phrase "this plant may not be propogated without permission" Is this a copyright thing? Is it enforcable? What if the flowers produce seeds? Will the supplier come around and sue my plant? Bob |
Copyright on plants?
Only a particular cultivar can be patented (not copywrited). The plant
patent is only good for 17 years. Most cultivars are hybrids and do not come true from seed. Seedlings from your plants would not be covered by the patent but plants propagated asexually from cuttings would be. Yes it is enforceable. If you sold cuttings of the patented plant and you were caught doing it, they certainly could sue you pants off as well as have you and your balls heavily fined and/or taken away to jail!!! "Bob Smith" wrote in message ... I just bought a heather today, and noticed on the label the phrase "this plant may not be propogated without permission" Is this a copyright thing? Is it enforcable? What if the flowers produce seeds? Will the supplier come around and sue my plant? Bob |
Copyright on plants?
"Cereus-validus" wrote in message om... Only a particular cultivar can be patented (not copywrited). The plant patent is only good for 17 years. Most cultivars are hybrids and do not come true from seed. Seedlings from your plants would not be covered by the patent but plants propagated asexually from cuttings would be. Yes it is enforceable. If you sold cuttings of the patented plant and you were caught doing it, they certainly could sue you pants off as well as have you and your balls heavily fined and/or taken away to jail!!! I met a bloke recently whose balls were in jail. He wasn't happy about it. Steve |
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