North American Fruit Explorers mailing list at ibiblio

[Philip Stewart <philstewart24@yahoo.com>]

Plant patents have existed and been enforced long
before the advent of DNA technology. Being a civil
matter, I would assume that the standard of proof
would be merely "a preponderance of evidence", which
the detailed physical description of a plant patent
ought to be adequate to make.

Also, one could always make DNA level comparisons
retroactively, doing a survey of material from
licensed propagators, and/or, ideally, the original
plant, in comparison to that of the violator. 

--Phil

> Date: Tue, 13 Mar 2007 07:17:24 -0500
> From: "Jim Fruth" <jfruth@tds.net>
> Subject: [NAFEX] No Royalty Patented Stock
> To: "NAFEX" <nafex@lists.ibiblio.org>
> Message-ID:
> <003b01c76569$90604c30$3d79de42@ibma20plaptop>
> Content-Type: text/plain; format=flowed;
> charset="iso-8859-1";
>       reply-type=original
> 
> Michael,
>     Sorry, Michael, but I can't agree.  What you say
> about plant patents 
> (below) is true in theory but certainly not likely
> in most cases.  That is 
> because if someone fails to include the results of a
> dna analysis in the 
> plant patent, how is the patent holder going to
> prove that a forger has the 
> same identical plant?  I would hope that you can
> prove me wrong.
> 
> Jim Fruth
> Brambleberry Farm
> Pequot Lakes, MN  56472
> www.bberryfarm.com
> (218)568-8483 [Store]
> (218)831-7018 [My Cell]
> 
> This is not true.  Getting a Trademark only prevents
> people from using the trademarked name.  Getting a
> plant patent gives the patent holder the right to
> exclude anyone who is not authorized from
> propagating
> that stock, period.  Patents expire after 20 years
> but
> trademarks do not expire as long as the fees are
> still
> paid...
> 
> Michael Dossett
> Corvallis, Oregon
> 
>  
> 
> 
> 
> ------------------------------
> 
> Message: 3
> Date: Tue, 13 Mar 2007 09:10:28 -0400
> From: "Thomas Olenio" <tolenio@sentex.net>
> Subject: [NAFEX] Northern Spy
> To: "'North American Fruit Explorers'"
> <nafex@lists.ibiblio.org>
> Message-ID:
> <000a01c76570$f94db370$1d8b0740@userd5c77564e4>
> Content-Type: text/plain; charset="us-ascii"
> 
> Hello,
> 
>  
> 
> Is Northern Spy known to have a lot of annual water
> sprouts?
> 
>  
> 
> I am amazed at the number of water sprouts and
> annual growth rate of these
> on Northern Spy.
> 
>  
> 
> Later,
> 
> Tom
> 
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> ------------------------------
> 
> Message: 4
> Date: Tue, 13 Mar 2007 09:26:31 -0400
> From: nbeaureg@student.umass.edu
> Subject: Re: [NAFEX] Northern Spy
> To: North American Fruit Explorers
> <nafex@lists.ibiblio.org>
> Message-ID:
> <1173792391.45f6a6871c6b8@mail-www.oit.umass.edu>
> Content-Type: text/plain; charset=ISO-8859-1
> 
> northern spy is one of the leggiest apple trees i
> have dealt with.
> also a fast growing apple tree which has strong
> tendencies toward alternate
> bearing.
> ncb
> 
> Quoting Thomas Olenio <tolenio@sentex.net>:
> 
> > Hello,
> >
> >
> >
> > Is Northern Spy known to have a lot of annual
> water sprouts?
> >
> >
> >
> > I am amazed at the number of water sprouts and
> annual growth rate of these
> > on Northern Spy.
> >
> >
> >
> > Later,
> >
> > Tom
> >
> >
> 
> 
> ------------------------------
> 
> Message: 5
> Date: Tue, 13 Mar 2007 07:10:21 -0700 (PDT)
> From: Michael Nave <jmichaelnave@yahoo.com>
> Subject: Re: [NAFEX] No Royalty Patented Stock
> 
=== message truncated ===



 
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