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  • From: Jim Fruth <jfruth@uslink.net>
  • To: <nafex@lists.ibiblio.org>
  • Subject: [NAFEX] Patent quandries
  • Date: Wed, 15 Feb 2006 08:21:37 -0600

We seem to be discussing only the propagation of trees but let's examine
another situation: Let's look at patented raspberry plants. Anyone who has
ever raised raspberries knows that raspberries produce so many root shoots
that they become weeds. We dig them out but do we always throw them away?
It is, after all, quite legal to give them away.
I know someone who sells some of the shoots to his neighbors. His
neighbors won't take them for free and insist he take some money for his
time to carefully dig them out. so, in a way, he is charging for his time.
His neighbors don't receive any catalogs in the mail so they don't know
where to buy them, except from the neighbor.
This fellow suffered some pangs of conscience and called the company that
he bought his original plants from asking who to send royalties to. Instead
of getting his question answered, he was scolded by a company
representative. Since he made an attempt to learn who to send royalties to
and didn't get his question answered, he now feels justified in selling
plants, charging for his time at digging them.
How would any of you react in a similar situation?
--

Jim Fruth
Brambleberry Farm
Pequot Lakes, MN
www.bberryfarm.com
Jams, Jellies and Syrups







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