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Thread: Nepenthes copyright infringement?

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    swords's Avatar
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    I've been wondering, hypotheically of course. If some amateur was to setup a TC lab and begin cloning Nepenthes. But they weren't using plants they discovered or their own clones. Would they be violating a copyright by cloning some plant in their collection that was originally cloned by someone else?

    Also, say someone was to begin hybridizing and created some plant and marketed it only to find out later the same cross had been available and registered. Are there grounds for copyright infringement in either case?

    What made me think was an Anthurium I saw last weekend who's tag said "plant copyrighted propagation prohibited".

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    It's serious business. Just ask any Rose breeder/wholesaler or retailer. Royalties must be paid. Illegal propagation can result in fines and lawsuits.
    This doesn't exist with Nepenthes, because TC of Neps starts at the seed. Mericloning has not been perfected or put into practical use...yet.
    As an example: B.E. has several TC clones of N. rafflesiana gigantea. Notice they are numbered, 99, 97, 154 etc. Rob and John put a lot of seed into TC, raised up the plantlets to ascertain how they'll look, and decided to go with these selected "clones". It's a lot of time, money and hard work to reach the point where you're ready to go to market. No one else can produce these clones without obtaining the protocorms -the "embryos" derived from the seed that are used to make the clones.
    On the otherhand, Sarracenia can be mericloned, which is why there are some cultivars that carry a patent and trademark.
    Whew! I hope I helped, Josh.

    Trent
    Boca Raton, Florida

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    swords's Avatar
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    Yes that helps. What about selling cuttings from such numbered/ID'd clones?

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    I think this is getting ridiculous!!. I bet you all that there are no legal constraints regarding cloning plants. Nobody should be able to put patents or copyrights on something that mother nature creates. The only copyright owner is mother nature herself.

    Imagine myself trying to clone Nepenthes jacquelinae. Would that mean that i'd be sued by Mr. Wistuba and Mr. Cantley?. How one can prove that the plant is a clone from either The nepenthes nursery or B.E? Maybe most of the Jacquelinaes do come from 2 sets of parent plants? and there are two variants: the green and red clones. No matter how many patents one attempts to impose on others, if a plant shows high genetic homology with others of the same species, there is no legal basis for copyright infringement. After all, no human had invented plants to have legal rights over them!!.

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    swords's Avatar
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    CPaddict,

    A seed grown plant in TC (as Trent described) is a unique genetic entity. What I'm talking about is cloning/propagation of pre-existing already registered hybrids or cultivars of Nepenthes.

    For an example let's take Cantley's Red, seemingly the most coveted of the available N. ampullaria clones. I don't know if this plant is registered (Rob?). If someone were able to clone it from their own plants meristem would this be breaking a copyright law since it is a cultivar?

    And if so, still there's the question of trading or selling cuttings of such cultivars/registered Nepenthes. Since this is technically propagation, though taking far longer than cloning, and in incomparable quantities. Many hobbists sell/trade plants (of all types, species, hybrids & cultivars) amongst themselves, is that considered the same sort of infringement?

    Perhaps this whole subject belongs filed with my last grey area question of "how legal are our species plants and what do we have to prove to the feds as growers?" ... [img]http://www.**********.com/iB_html312/non-cgi/emoticons/rock.gif[/img]

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    Dear Swords and Trent:

    This is my favourite kind of topic. Cultivars are registered by a society so the person who discovers them takes the credit and the recognition they deserve, but does that mean they own the plant? so anybody who buys it, it is just buying the right to have one not the right to do anything one want to with it??. This is prepostrous!!. well, there is no law forbiding anyone to sell a plant even if they are not the ones who discovered it!!. Please correct me if i am wrong, well anybody! let me see the light!

    Gus

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    I remember buying a pot of miniature roses and it said:"this plant can not be propagated in any way matter or form" I think this is rediculous as they didn`t produce the genetic code that made that plant....;GOD did. That`s like the people patenting peoplkes genes it`s completely ludicrous and imo would not be wrong to violate these laws. I do however think you should give credit to the hybridizer,as he\she most likely did go through a lot of trouble to hybridize and nurture the plant.


    Just my opinion.
    Noah.
    [img]http://home.**********.com/users/pondboy/Neps/Neps%20sig..JPG[/img]

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    Besides they are trying to take away the plants God-given right to reproduce!
    [img]http://home.**********.com/users/pondboy/Neps/Neps%20sig..JPG[/img]

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