Re: Breeders' Rights

It's really very simple.  If your wholesaler friend divides a patented plant he has violated the patent.  You buy one plant and sell one plant.  If you divide it you have asexually propagated it and that's prohibited unless you have permission from the patent holder..

Chick

Ray W wrote:

 

Bill Meyer wrote:
To Ray Wiegand:

            I don't know how they do it in the countries that have Breeders' Rights laws, but the royalty is probably paid at the wholesale level. That would make the most sense. If a retailer like Chick ordered a flat of your new plant from Q and Z, say, The price he paid would include the royalty which Qand Z would then pay to you.                                                                                                  ....................Bill Meyer
It sounds like the PPAF plants that are out. The plant must be sold with a tag as supplied by the wholesaler. This has a couple of drawbacks. A wholesaler I know plants his hosta in 1 gal. pots. When they get large and are unsold, get moved to larger pots. When they outgrow 3 gal pots, they get divided and put back in 1 gal. pots. I find that it would be interesting how this would be handled with the BR laws in place in other countries on plants that self propagate. This could also be an issue with field grown plants. I personally do not know of a hosta nursery that doesn't divide up plants and it isn't realistic to believe that all plants will be sold before they need to be divided.

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