[NAFEX] Sunworld patents

Ginda Fisher list at ginda.us
Mon Apr 28 10:43:46 EDT 2008


I would assume they would not only go after large commercial growers, but 
also anyone who advertised plants or scions for sale.  So it may be a long 
time before this stuff is available to home growers.

I wonder how long after the expiration of a patent you could syccessfully 
prosecute theft of some twigs?  I guess this goes along with the general 
trend for intellectual property owners to assert  more control.
___
Ginda

...... Original Message .......
On Mon, 28 Apr 2008 09:34:49 -0600 "Hal Love" <lovehd at comcast.net> wrote:
>Scott, I'm no legal expert, but since they claim ownership of the plants, 
I would assume they could accuse someone of being in possession of stolen 
property at any time, even if the variety was never patented. However, 
there could be a statute of limitations in some places that could come into 
play. I suspect that due to the high costs of enforcement, they would only 
go after a big commercial grower.
> 
>Hal
> 
>
>----- Original Message -----
>From: Scott Smith
>To: nafex at lists.ibiblio.org
>Sent: Monday, April 28, 2008 8:14 AM
>Subject: [NAFEX] Sunworld patents
>
>Thanks Hal.  Does that mean they have legal basis to go after anyone with 
the plant?  Richard seems to indicate otherwise.  If they do it seems like 
they are completely violating patent law in spirit.
>
>Scott
>
>
>I think what they are doing is never selling the plants to anyone, but 
retaining ownership of all plants and plant parts except the fruit. They 
then lease them to growers through very strict licensing agreements that 
also prohibit unauthorized propagation. Anyone in possession of the plant 
that did not agree to the license must have a stolen plant, even if there 
is no longer patent protection. Some of the new grape releases from the 
Geneva program are using this method. You can read the agreements here, 
http://www.rakgrape.com/groweragreements.php.  
>
>
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