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Sunworld is very contract oriented and only deals
with commercial growers, many in foreign countries. If you happen to get one of
their varieties after the patent has expired you can propagate as you wish with
no recourse on their part. I realize that they can try to find out where it
escaped from but you are under no obligation to tell them. I understand that
they are just trying to protect their investment in the breeding of the plant
but that is the reason for the patent limit. They are supposed to make their
profit before it expires. The old patents were good for 17 years but plant
patents since 1995 are good for 20 years.
Regards,
Richard Ashton
Oak Creek Orchard
----- Original Message -----
Sent: Sunday, April 27, 2008 10:17
PM
Subject: Re: [NAFEX] Sunworld
patents
I don't know all the details of it, but before any commercial
grower takes on one of their varieties, the grower has to sign a contract that
I hear is pretty stiff. Presumably the company could punish the grower for
contract violation if the variety "escapes" to a non-contract grower. I can
verify that it's extremely hard to find any of their varieties available to
the general public.
-Lon Rombough
Grapes, writing, consulting, my book,
The Grape Grower, at http://www.bunchgrapes.com Winner of the Garden
Writers Association "Best Talent in Writing" award for 2003.
For even more
grape lessons, go to http://www.grapeschool.com
For all other things grape,
http://www.vitisearch.com
On Apr 27, 2008, at 8:12 PM, Scott Smith
wrote:
What legal protection is there for them after the patent
expired? The only thing I can see is if they find a plant older than the
patent expiration date.
Scott
I wonder how much control the company has over "Jazz"? Sunworld
has bred their own grape varieties and even ones that have been long out of
patent are still under their control. So much so they are now starting to
use DNA testing to find growers who have the varieties without a Sunworld
contract. -Lon
Rombough_______________________________________________
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