North American Fruit Explorers mailing list at ibiblio

[Michael Nave <jmichaelnave@yahoo.com>]

What Michael says is true by law. You do not need a
DNA analysis to prove the identity of a plant. The
plant patent requires a detailed botanical description
of a plant. Expert witnesses would be needed at a
trial, but not DNA info. 


--- Jim Fruth <jfruth@tds.net> wrote:

> Michael,
>     Sorry, Michael, but I can't agree.  What you say
> about plant patents 
> (below) is true in theory but certainly not likely
> in most cases.  That is 
> because if someone fails to include the results of a
> dna analysis in the 
> plant patent, how is the patent holder going to
> prove that a forger has the 
> same identical plant?  I would hope that you can
> prove me wrong.
> 
> Jim Fruth
> Brambleberry Farm
> Pequot Lakes, MN  56472
> www.bberryfarm.com
> (218)568-8483 [Store]
> (218)831-7018 [My Cell]
> 
> This is not true.  Getting a Trademark only prevents
> people from using the trademarked name.  Getting a
> plant patent gives the patent holder the right to
> exclude anyone who is not authorized from
> propagating
> that stock, period.  Patents expire after 20 years
> but
> trademarks do not expire as long as the fees are
> still
> paid...
> 
> Michael Dossett
> Corvallis, Oregon
> 
>  
> 
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