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  • From: "MARIE ASHTON" <bwoodtx@verizon.net>
  • To: "North American Fruit Explorers" <nafex@lists.ibiblio.org>
  • Subject: Re: [NAFEX] Sunworld patents
  • Date: Sun, 27 Apr 2008 22:38:47 -0500

Sunworld is very contract oriented and only deals with commercial growers, many in foreign countries. If you happen to get one of their varieties after the patent has expired you can propagate as you wish with no recourse on their part. I realize that they can try to find out where it escaped from but you are under no obligation to tell them. I understand that they are just trying to protect their investment in the breeding of the plant but that is the reason for the patent limit. They are supposed to make their profit before it expires. The old patents were good for 17 years but plant patents since 1995 are good for 20 years.
 
Regards,
Richard Ashton
Oak Creek Orchard
 
----- Original Message -----
Sent: Sunday, April 27, 2008 10:17 PM
Subject: Re: [NAFEX] Sunworld patents

I don't know all the details of it, but before any commercial grower takes on one of their varieties, the grower has to sign a contract that I hear is pretty stiff. Presumably the company could punish the grower for contract violation if the variety "escapes" to a non-contract grower. I can verify that it's extremely hard to find any of their varieties available to the general public.
-Lon Rombough
Grapes, writing, consulting, my book, The Grape Grower, at http://www.bunchgrapes.com Winner of the Garden Writers Association "Best Talent in Writing" award for 2003.
For even more grape lessons, go to http://www.grapeschool.com
For all other things grape, http://www.vitisearch.com

On Apr 27, 2008, at 8:12 PM, Scott Smith wrote:

What legal protection is there for them after the patent expired?  The only thing I can see is if they find a plant older than the patent expiration date.

Scott


I wonder how much control the company has over "Jazz"? Sunworld has bred their own grape varieties and even ones that have been long out of patent are still under their control. So much so they are now starting to use DNA testing to find growers who have the varieties without a Sunworld contract. -Lon Rombough_______________________________________________
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