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

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)

On Wed, 24 Mar 2004 15:33:53 +0000, Sacha
wrote:

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!

It's one of the main issues of Monsanto's GM products.

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

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

"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