North American Fruit Explorers mailing list at ibiblio

[Heron Breen <breen@fedcoseeds.com>]

To Everyone reading, 
I have been mulling over a few moral questions about patent violations 
recently, 
but not the ones you'd think. Not a personal urge to propagate a plant on the 
sly, 
or deep thoughts about the ethics of patent laws themselves in the greater 
metaphysical sense. In a real life scenario sense, I guess.
 What does one do when one knows someone or a business that is knowingly 
(does that 
matter?) violating a plant patent via propagation and sales? Do "we" have an 
obligation to play the role of police upon others if we know they are putting 
one 
over? Many of us have friends, family, that may do something moderately 
(sometimes 
worse) illicit, and most of us live and let live...Do any of you feel 
strongly one 
way or the other about personally applying the plant patent laws? If not, why 
not? 
If so, any suggestions as to how to approach the problem? 
 This may seem mundane, but in the "business" of plants, there are often 
gray, if 
not shady, areas. One I have wondered about was the topworking of existing 
fruit 
trees with a patented variety, with intention to sell the resulting fruit 
commercially. This is happening at a slow but steady pace in existing 
orchards all 
over the Northeast (and probably elsewhere). Any thoughts? 
 Here's a fictional example of another quandry: a wholesale nursery stock 
grower 
who sells to various retail outlets is propagating maybe both ornamental and 
fruit 
patented plants without permission. This grower is then selling these to 
retail 
outlets, but with the retail outlets' full knowledge. Maybe these retail 
outlets 
are also supplying the wholesale grower with patented propagation material so 
the 
wholesaler can grow their requested cultivars in specific amounts. Neither 
wholesaler or retailed in paying royalties. The retailers may also be hiding 
these 
illegal sales within sales of plants of the same cultivars that they bought 
and 
sold legitimately. You know the involvement of both parties. Maybe you even 
know 
personally some of the parties involved. Would you do anything about it?
Maybe you know other situations  that seem vague or gray or shady concerning 
patent 
laws. I'd like to hear what others have been wondering about, too.
 A full spectrum of opinions welcome!
Heron Breen
zone 4, Maine