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nafex - Re: [NAFEX] apple scionwood wanted

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  • From: Melissa Kacalanos <mijwiz@yahoo.com>
  • To: North American Fruit Explorers <nafex@lists.ibiblio.org>
  • Subject: Re: [NAFEX] apple scionwood wanted
  • Date: Tue, 2 Mar 2010 14:20:40 -0800 (PST)

I haven't been paying close attention, so forgive me if this has been
answered before, but in answer to this:

> Some of these are
> patented cultivars. Is
> it legal to graft our own as an educational activity if
> they are donated rather
> than purchased?

I'm not aware of any exemption for education. I think the patent-holder
licenses a few nurseries to propagate the trees, and no one without a license
can legally graft those cultivars, whether the material had been bought or
donated. This would be as illegal as donations of pirated software. Let's
support plant breeding projects by not violating their patents.

I wonder if a nursery that IS licensed to graft these cultivars would be
willing to sell you some scionwood, and pass the proper royalty along to the
breeder. Then your class could be extra educational, as your students would
learn both about grafting, and about how to support the apple breeding
projects that produce new varieties worth grafting.

Melissa









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