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nafex - Re: [NAFEX] No Royalty Patented Stock

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  • From: Michael Nave <jmichaelnave@yahoo.com>
  • To: North American Fruit Explorers <nafex@lists.ibiblio.org>
  • Subject: Re: [NAFEX] No Royalty Patented Stock
  • Date: Tue, 13 Mar 2007 07:10:21 -0700 (PDT)

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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