North American Fruit Explorers mailing list at ibiblio

["loneroc" <loneroc@mwt.net>]

Heron,

Since I find the patenting of biological material silly at best (do we need
another coneflower or rose?) and immoral at worst, why would I want to call
the plant police for the problem any more than I would, say, call the cops
if I saw pot plants in a cornfield?  How can you separate informing on
patent violators from "deep thoughts about the ethics of patent laws
themselves in the greater metaphysical sense?"

Steve Herje, SW WI

----- Original Message ----- 
From: "Heron Breen" <breen@fedcoseeds.com>
To: <nafex@lists.ibiblio.org>
Sent: Monday, February 13, 2006 10:17 PM
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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