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Re: Oh My Heart hosta

It's your plant and I think you can do anything you want to with it, but naturally, since we rarely agree on anything, I think it's a bad idea.  It's not so much the idea of requesting that people keep a plant to themselves and not distribute it to anyone else, that's done fairly frequently between friends when new plants are passed around.  But do we really want to see everyone have to sign a contract for each new plant that they buy?  It's not like this is the only interesting plant that's going to come on the market in the next few years, so if you do it, I suspect that's going to open the door for everyone else that thinks its a good idea.

Why hasn't a patent worked?  Too expensive?  The difference between your contract and a patent is that the labs are not bound by your contract.  If a lab gets your plant from someone, despite all your contracts and promises, there is nothing to stop them from propagating it.  You would have to find out who they got it from and, if it came to that, sue the person who signed a contract with you.  Once you have 50 plants out there, how are you going to know who gave it to a lab?  Even patents don't really stop people from passing plants around.  How many pieces of Tatoo do you think have been given to friends?  But patents do stop people from propagating plants in large numbers and selling them without your permission.

If your plant is good enough that it will have a mass appeal, then I think you should deal directly with a tc lab or get a patent for it.  If it's a plant that is only going to appeal to hosta freaks, then I would charge what you think the plant is worth and not worry about the labs.


Ransom Lydell wrote:

  Now my problem.  I don't know how to sell it, and make sure one of the TC labs doesn't pick it up and run it.  I have worked many years to bring this plant to readiness, and have no intention of seeing someone else use my hard work to make money!  I have explored A patent, but so far that has not worked.  I am considering using a system of a signed form by each purchaser promising not to divide or share any part of the plant.  If anyone has any thoughts on this I would sure like to listen.ThanksRan Lydell10749  Bennett Rd.Dunkirk,  NY  14048
----- Original Message -----
Sent: Tuesday, July 10, 2001 5:35 PM
Subject: Re: Oh My Heart hosta
 SECK138@aol.com wrote:
> Does it really flower that.  Picture in Hosta Library/    Thanks Chris

Wow! Is this one that is available or one that's still be nutured along?
That is spectacular!

229 DeBartolo
University of Notre Dame
Notre Dame, IN 46556
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