[NAFEX] re plant patents and apple scions
6ducks at gmail.com
Wed Mar 3 08:22:38 EST 2010
U are right, there are no educational exemptions for plant patents. I asked
only because there are a few areas of educational exemptions that exist in
copyrights, etc. Plant breeders are a vastly underpaid and undervalued
group, and I am happy to support those few that remain in the field.
We discussed patents, trademarks, etc. in class yesterday.
If there is a nursery/licensed propagator that would be willing to sell us a
small amount of scionwood at a nominal charge I would be happy to buy it.
I was asking for donations since we otherwise have no funds from which to
draw. IN the case of donations, we will use non-patented cultivars only.
From: nafex-bounces at lists.ibiblio.org
[mailto:nafex-bounces at lists.ibiblio.org] On Behalf Of Melissa Kacalanos
Sent: Tuesday, March 02, 2010 5:21 PM
To: North American Fruit Explorers
Subject: Re: [NAFEX] apple scionwood wanted
I haven't been paying close attention, so forgive me if this has been
answered before, but in answer to this:
> Some of these are
> patented cultivars. Is
> it legal to graft our own as an educational activity if
> they are donated rather
> than purchased?
I'm not aware of any exemption for education. I think the patent-holder
licenses a few nurseries to propagate the trees, and no one without a
license can legally graft those cultivars, whether the material had been
bought or donated. This would be as illegal as donations of pirated
software. Let's support plant breeding projects by not violating their
I wonder if a nursery that IS licensed to graft these cultivars would be
willing to sell you some scionwood, and pass the proper royalty along to the
breeder. Then your class could be extra educational, as your students would
learn both about grafting, and about how to support the apple breeding
projects that produce new varieties worth grafting.
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