Hybridizers rights

This is addressed primarily to hybridizers or to anyone with an answer to
the question. Coming from a background in lilies, I have been puzzled by the
apparent lack of protection of any rights that hybridizers have for their
once they have been released to the market. Just how does a hybridizer
obtain any recompense for the years of work and expense involved in refining
a plant to the point where it is ready for release.

I would guess that about 75% of the lily bulbs on the market carry plant
patents and can't legally be propagated without permission. Those rights of
course are held by the large growers who have their primary trade with
cut-flower growers. Some amateur hybridizers do it simply as a hobby but
many wil enter into a gentleman's agreement with growers which will see them
receive a royalty on bulbs sold even though there is no legal requirement to
do so. Perhaps surprisingly, until recent years the big growers for the most
part did not do much hybridizing, but bought promising seedlings for
amateurs before they were registered or introduced. The Dutch growers in
particular, had scouts like pro football teams. I recall one evening I
looked out and there were three men wandering through my seedling beds. When
I went out to meet them, it was difficult to make conversation as they
didn't speak much more English than I spoke Dutch. Alas I had none which met
their criteria. In fact at that point in my enthusiasm, it would have been
difficult to part with any of my creations for mere money.

I realize the situation is different because the lily market is so dominated
by the cut-flower trade and the fact that you can get one bulb, put it in
tissue culture and 2 or 3 years later have 50,000 bulbs ready for market.
Yet it always seems to me that I am cheating someone when I sell the results
of their work. In fact, for the very small number of introductions which we
have made, we have worked out a royalty for the hybridizer. I am not trying
to upset the apple cart but it does seem to me that the hard working
hybridizer should get something other than a bit of glory out of it. I
realize there are other rewards. I know the experience of waking up in lily
season, pulling on the minimum amount of clothes which the law allows, and
doing a fast tour of the seedling beds before breakfast.Everything there
seems like a small miracle and once in a while you get stopped in your
tracks and you marvel at how smart you are.

It has been said that hybridizers never commit suicide because they always
have to wait to see next years seedlings.

John Montgomery
Puzzled in Vernon BC where this morning it is about 0/32 with the sun
glinting off a foot and a half of pristine snow and thus my garden still
looks tidy.
monashee@bcgrizzly.com
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