North American Fruit Explorers mailing list at ibiblio

["Michele Stanton" <6ducks@gmail.com>]

Hi Melissa,
U are right, there are no educational exemptions for plant patents. I asked
only because there are a few areas of educational exemptions that exist in
copyrights, etc. Plant breeders are a vastly underpaid and undervalued
group, and I am happy to support those few that remain in the field. 
We discussed patents, trademarks, etc. in class yesterday.
If there is a nursery/licensed propagator that would be willing to sell us a
small amount of scionwood at a nominal charge I would be happy to buy it.
I was asking for donations since we otherwise have no funds from which to
draw. IN the case of donations, we will use non-patented cultivars only.
Michele



-----Original Message-----
From: nafex-bounces@lists.ibiblio.org
[mailto:nafex-bounces@lists.ibiblio.org] On Behalf Of Melissa Kacalanos
Sent: Tuesday, March 02, 2010 5:21 PM
To: North American Fruit Explorers
Subject: Re: [NAFEX] apple scionwood wanted

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




      
_______________________________________________
nafex mailing list 
nafex@lists.ibiblio.org

Reproduction of list messages or archives is not allowed.
This includes distribution on other email lists or reproduction on web
sites.
Permission to reproduce is NEVER granted, so don't claim you have
permission!

**YOU MUST BE SUBSCRIBED TO POST!**
Posts from email addresses that are not subscribed are discarded.
No exceptions.  
----
To subscribe or unsubscribe, go to the bottom of this page (also can be used
to change other email options):
http://lists.ibiblio.org/mailman/listinfo/nafex

File attachments are NOT stripped by this list.
TAKE STEPS TO PROTECT YOURSELF FROM COMPUTER VIRUSES!
Please do not send binary files.
Use plain text ONLY in emails!

NAFEX web site:   http://www.nafex.org/
No virus found in this incoming message.
Checked by AVG - www.avg.com 
Version: 9.0.733 / Virus Database: 271.1.1/2718 - Release Date: 03/02/10
02:34:00