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nafex - Re: [NAFEX] Moral and Legal Patent Quandries

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  • From: "Doreen Howard" <gardendiva@charter.net>
  • To: <breen@fedcoseeds.com>, "North American Fruit Explorers" <nafex@lists.ibiblio.org>
  • Subject: Re: [NAFEX] Moral and Legal Patent Quandries
  • Date: Tue, 14 Feb 2006 10:20:49 -0600

There are such things as patent police, I learned at the Independent Plant Breeders Conference (University of Florida sponsored) last November in Ft. Lauderdale. And, it's incumbent upon the patent-holder to police infringements. You have legal remedy, of course. But, you have to find and document the infringement before getting a lawyer.

Usually, when infringement is uncovered by companies that police for large plant propagators, an equitable solution is negotiated by both parties. At least, that's what was said in one of the workshops. None of the panel members (large propagators & plant patent agents) cited a lawsuit for egregious patent violation. A caveat here.....this conference concentrated on ornamental plants.

All this said, I'm sure there are plenty of patent violations, especially with plants that have been in the marketplace for years. Ornamental plant patent-holders figure that they will make their development costs and profits in the first decade. Beyond that, many don't bother policing.
Doreen Howard





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