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nafex - Re: [NAFEX] No Royalty Patented Stock

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  • From: Hans Brinkmann <hans-brinkmann@t-online.de>
  • To: North American Fruit Explorers <nafex@lists.ibiblio.org>
  • Subject: Re: [NAFEX] No Royalty Patented Stock
  • Date: Tue, 13 Mar 2007 15:47:09 +0100

Hallo Michael,
you are very right - no DNA is needed also at the whole EU!
At the EU patenting of a plant is taking for bushes e.g. 3 to 6 years (and more).
At this time the new variety is compared with others e.g. also the parents (to see the difference).
If it is possible to describe it finally in detail AND to describe significant differences (by sight),
the patent is given.
These described differences are important. For a new identification!!!
Never they use DNA for agricultural seeds, bushes and trees.
At EU.

ciao
hans


Michael Nave schrieb:
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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