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Thread: Plant Patent

  1. #17
    OMG h8 pings MrFlyTrap2's Avatar
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    Law can be pretty cold, unforgiving, and used in mangled ways. In terms of patents, they are miss used daily by corporations and Intellectural Property holding companys.

    BTW, an IP company is one that does -nothing- more than purchase vague idea patents, then sue others (usually manufactures) that are using the idea.

    Plant patents are -very- serious in the area of agriculture. Companies will spend millions of dollars developing their product and will aggressively defend it. Even if the patent is held by someone who doesn't care if it's being used, it can suddenly be sold to an IP company that does.

    Quote Originally Posted by PlantAKiss View Post
    How can you tell somebody not to divide or make seed with their own plant??
    The court system is happy to assist with the task if need be.

    Quote Originally Posted by PlantAKiss View Post
    And what do you do with naturally occurring offspring? Kill them?
    Yes, or enjoy them privately. Donations / give aways usually are fine, unless there is some type of license agreement. But even this is getting fuzzy. In some cases you can no longer sell the music / software you paid for, even if you're giving up the original copy.

    *Question I throw out there for someone that knows: Does a royalty only have to be paid for once? Like flytraplady said earlier, she is being issued 200 labels. If the plant is resold 10 times but has the original 'licensed plant label' is still covered by the original royalty payment?

    Quote Originally Posted by PlantAKiss View Post
    And for that matter...suppose someone on their own with their own plants made the same cross as say 'Red Bug' and ended up with that cultivar.
    If the same ingredients are used to make the same product, you've just made a copyright infringing plant.

    Quote Originally Posted by PlantAKiss View Post
    Suppose someone was not aware of the patent?
    Ignorance is not an excuse for violating law.

    Quote Originally Posted by Clint View Post
    If I buy a plant, I'm going to do whatever the hell I want with it as long as it's not a business. Regardless of the legality, if I pay for a plant and want to sell divisions later on (not talking about countless TC clones here), I'm going to do it.
    Doesn't matter if it's you or a nursery, if you sell an illegal clone of a plant, it's still illegal and you can face the same consequences. Parallel example, download 1 illegal MP3 and the RIAA finds you, the song will cost you $750 for that .99 cent song. They don't care who you are. lol You are not above the law! (southpark character voice)

    But again it all comes into question, does the copyright holder care? If they don't great! But if they do, be careful, it's not something to simply ignore because -you- don't like the idea.

    Even our members here have been hurt by people ignoring copyright issues. There's a similar thread dealing with intellectual property. To a photographer who takes pictures for a living, getting the best shot of a life time only to have it lost to a magazine that makes 1,000,000 copies with no permission.... the loss is heart breaking for them and a financial loss as well.

    To a grower who spends a decade of a professional career creating a unique hybrid; only to see it scooped up and sold at lowes in death cubes... the pain cause by that might be the same.
    My Grow List

    "It is only by studying nature that can we ever hope to defeat it."

  2. #18
    Stay chooned in for more! Clint's Avatar
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    If it is illegal, how would they know anyway? Unless you reported me to the patent holder and told him/her that I sold it to you, there's really no way they'd every know. I have one right now. I dare someone to make me pay royalties or any of that BS. I'd sooner burn the plant than dignify someone wanting ROYALTIES from a HOBBYIST! No matter how small. It's principal.

    Good point about photography. But... this isn't a picture. Pictures don't grow and reproduce. Neither do MP3
    s and movies. I don't have a problem with sharing MP3's and movies, by the way. It's not like you can say it's your own creation like a photo. Now, we do have copy and paste, but that's not quite the same thing We aren't talking about Lowes death cubes. We're talking about splitting an old plant and selling a few divisions.


    It couldn't really be THAT cultivar unless it was a clone. I have a fundamental problem with the way cultivars are handled in this hobby. It's a JOKE. By the current rules, Wal-mart is full of Big-mouths. I could go buy a bunch of VFT's from wal-mart, unlabeled, and call them Big Mouths and redistribute them as such. That would be ethical going by the rules, but very unethical in a real world situation. I could do that because the rules say if it looks identical to a cultivar, then it may be called that. Even if it's unrelated. Of course I'd never do that, but it would be ethical (going by the rules here) for another to. As long as it looks identical. Hell, half of he Dionaea cultivars don't deserve that status in the first place, but I digress.

  3. #19
    OMG h8 pings MrFlyTrap2's Avatar
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    Quote Originally Posted by Clint View Post
    If it is illegal, how would they know anyway?
    Google knows, google knows everything, shhh google's watching right now.

    Quote Originally Posted by Clint View Post
    Good point about photography. But... this isn't a picture. Pictures don't grow and reproduce.
    A printer and a greenhouse can multiply things in the same manner.
    My Grow List

    "It is only by studying nature that can we ever hope to defeat it."

  4. #20
    Hort. School dropout X 2
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    I still don't know how to do that quote thing, believe me I tried
    Clint, please don't destroy your beautiful plant.

    Mr FT good points taken.

    Does any one know who the plant police are? I think that i described them in my last post.

    For those of you who can't read between the lines. The rest of you please quit reading
    they are people like you and me but belong to organizations like ICPS, nature conservatory. OOOPs can I mention those 2 organizations here on T F and other do gooders, and feel duty bound to report you to the authorities whoever they are or try to tell you as an american what to do when they have no business in your affairs.
    Lois
    Every seed that you plant ,doesn't sprout.
    Every seed that sprouts, doesn't make it to maturity.
    Every cutting that you stick doesn't grow roots.
    Every cutting that roots doesn't grow to a small plant.
    Every small plant doesn't reach maturity.


    Who needs speelcheck?

  5. #21
    OMG h8 pings MrFlyTrap2's Avatar
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    There are no plant police, just as there are no recording industry police.

    If a patent holder wanted to peruse litigation, he or she would simply go to court and file for a trial. The defendant would then be summonsed to court (failing to appear could result in a warrant for your arrest). The trial would determine if you're innocent or guilty and the fine would be awarded by the judge depending so.
    My Grow List

    "It is only by studying nature that can we ever hope to defeat it."

  6. #22
    Doing it wrong until I do it right. xvart's Avatar
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    Quote Originally Posted by rco911 View Post
    Some other places also sell "Red Bug" - and I think that's another one that is patented?
    I believe that there were a handful of clones "created" and all the others in that "series" are patent pending. I'll see if I can locate where I saw that...

    xvart.
    "The tragedy of life is not that every man loses; but that he almost wins."

    "Quis custodiet ipsos custodes?"

  7. #23
    Always a newbie glider14's Avatar
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    so in theory. ANY person that has grown a plant from seed can put a patent on that plant? i have a VFT seedling that i sprouted last year. i can put a patent on it. distribute it to who i want, then if they want to distribute they would have to ask me?

    balogna...

    Alex
    Everything is explainable. The seemingly unexplainable is but a result of our insufficient knowledge.- Hans Brewer

  8. #24
    Moderator Schmoderator Fluorescent fluorite, England PlantAKiss's Avatar
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    Its definitely a passionate topic with view on both sides of the mirror.
    "Fox terriers are born with about four times as much original sin in them as other dogs." - Jerome K. Jerome

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