North American Fruit Explorers mailing list at ibiblio

[Jwlehman@aol.com]

Hello Heron,

Your question has brought a load or replies. All good input. Thanks for bringing the subject up.

Re your question, "What would you do about it?"  I'd report it to the plant patent holder. That is the person who will have to initiate proceedings. If one is working for a concern violating the patent laws and he reports it, it might constitute whistle blowing and don't know if by law his job is protected or not. But I'd relay enough information to the patent holder that he could do his own investigation. One of the hardest to catch is the propagator who reports and pays for say 5,000 copies, but produces and sells 10,000. However, a good license agreement will give the patent holder unlimited access to the propagator's nursery to personally (or his agent) audit his operation and books, at anytime without announcement of such inspection or audit. I saw one license agreement that even gives the patent holder the right to destroy his intellectual material in a propagators nursery if the propagator is holding out or in violation. No court order needed.    

It has been my experience that most people and nurseries respect the intellectual property of others. But there are always crooks and they should be reported. 

Jerry