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Re: The Unwritten Code

LakesideRM@aol.com wrote:

> Jim I agree with you completely and wish that you would go farther and also
> come up with a code that entails the rights of a hybridizer.  I feel that it
> is wrong for someone to put another's plant into TC without receiving
> permission or making a contract to compensate the hybridizer.

Since Jim was visiting here at the nursery yesterday and we talked about this
subject, I suspect that our conversaton prompted his thoughts and message.  So
naturally, I have to put my two cents in.

I get a fair number of plants here from other breeders, and they get them from
me, with the understanding that they are not to go any farther.  If one of us
should ignore that request, it would obviously be a long time before we received
another plant.

But if I sell a plant, or give it away, without restriction, then I assume that
if the plant is worthy of distribution it will be sold or passed on.  How many of
us who sell plants have ever asked permission to propagate and sell a plant they
obtained.  If you have a personal relationship with the breeder, you might,
otherwise, I suspect you don't.  If you are willing to sell or give a plant
without restrictions, then unless it is patented, you have to expect that it is
out of your control.  There are breeders who are making deals with propagators
for royalties on unpatented plants, but unless you make arrangements before the
plant is widely available, I suspect you are out of luck.

On the level of friends passing plants back and forth, I think it's just a matter
of making sure that each knows whether or not the plant can be sold or passed on
to someone else who might sell it.   On the commerical level, whether you run a
backyard operation or a tc lab, the reason we buy plants is to resell them.
There is no code in the world that's going to stop that except the one written by
the patent office.


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