North American Fruit Explorers mailing list at ibiblio

["Gene Spears" <Spears@LMC.edu>]

Heron,
        Interesting points that you raise.  It would seem to me that we
could draw a fairly sharp distinction between a hobbyist propagating a
patented type for in-home use, and a commercial venture where someone
profits from large scale, illegal propagation.  The first probably isn't
completely kosher, but falls into that "we're only human" category.  The
second should be reported and prosecuted, IMO.  The case of someone who
grafts the variety and then sells the apples commercially is a bit
grayer, but still illegal and should be stopped.  (Really, how much
would it cost the orchardist to pay the patent holder for each tree that
he/she top-worked?  I think the royalty costs are usually only a few
bucks/tree)
        Development and/or discovery of a new variety should be
rewarded.  I don't think plant patents make anyone rich, but there
should be some compensation for the work.....   My $.02....

Gene Spears

-----Original Message-----
From: nafex-bounces@lists.ibiblio.org
[mailto:nafex-bounces@lists.ibiblio.org] On Behalf Of Heron Breen
Sent: Monday, February 13, 2006 11:18 PM
To: nafex@lists.ibiblio.org
Subject: [NAFEX] Moral and Legal Patent Quandries

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



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