[NAFEX] No Royalty Patented Stock

Hans Brinkmann hans-brinkmann at t-online.de
Tue Mar 13 10:47:09 EDT 2007


Hallo Michael,
you are very right - no DNA is needed also at the whole EU!
At the EU patenting of a plant is taking for bushes e.g. 3 to 6 years 
(and more).
At this time the new variety is compared with others e.g. also the 
parents (to see the difference).
If it is possible to describe it finally in detail AND to describe 
significant differences (by sight),
the patent is given.
These described differences are important. For a new identification!!!
Never they use DNA for agricultural seeds, bushes and trees.
At EU.

ciao
hans


Michael Nave schrieb:
> What Michael says is true by law. You do not need a
> DNA analysis to prove the identity of a plant. The
> plant patent requires a detailed botanical description
> of a plant. Expert witnesses would be needed at a
> trial, but not DNA info. 
>
>
> --- Jim Fruth <jfruth at tds.net> wrote:
>
>   
>> Michael,
>>     Sorry, Michael, but I can't agree.  What you say
>> about plant patents 
>> (below) is true in theory but certainly not likely
>> in most cases.  That is 
>> because if someone fails to include the results of a
>> dna analysis in the 
>> plant patent, how is the patent holder going to
>> prove that a forger has the 
>> same identical plant?  I would hope that you can
>> prove me wrong.
>>
>> Jim Fruth
>> Brambleberry Farm
>> Pequot Lakes, MN  56472
>> www.bberryfarm.com
>> (218)568-8483 [Store]
>> (218)831-7018 [My Cell]
>>
>> This is not true.  Getting a Trademark only prevents
>> people from using the trademarked name.  Getting a
>> plant patent gives the patent holder the right to
>> exclude anyone who is not authorized from
>> propagating
>> that stock, period.  Patents expire after 20 years
>> but
>> trademarks do not expire as long as the fees are
>> still
>> paid...
>>
>> Michael Dossett
>> Corvallis, Oregon
>>
>>  
>>
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