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".