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nafex - [NAFEX] NAFEX as collector of royalties

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  • From: Philip Stewart <philstewart24@yahoo.com>
  • To: nafex@lists.ibiblio.org
  • Subject: [NAFEX] NAFEX as collector of royalties
  • Date: Mon, 20 Feb 2006 12:02:33 -0800 (PST)

I certainly agree that on the whole NAFEX members are
more aware of the effort that goes into cultivar
development, and are probably more likely to be
interested in paying royalties. However, I don't
think either NAFEX or the breeders really want the
organization to be in the position of collecting
royalties.

For one thing, as I have said, breeders don't want the
logistical headache of dealing with royalties coming
from every little backyard grower. So for a scheme
like this to work, NAFEX would have to coordinate the
collection itself and handle the interactions with the
breeders. If the breeders were to authorize NAFEX to
do this, they would almost certainly require NAFEX to
police the growers' activities and basically license
growers. Does NAFEX want that responsibility? What
happens when some grower, propagating under the
auspices of NAFEX, commits some egregious patent
violation. Then, in all likelihood, it's NAFEX that
gets sued. One bad lawsuit could probably bankrupt the
organization.

It's a nice idea, but it's not really workable.

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