To: <breen@fedcoseeds.com>, "North American Fruit Explorers" <nafex@lists.ibiblio.org>
Subject: Re: [NAFEX] Moral and Legal Patent Quandries
Date: Tue, 14 Feb 2006 10:20:49 -0600
There are such things as patent police, I learned at the Independent Plant
Breeders Conference (University of Florida sponsored) last November in Ft.
Lauderdale. And, it's incumbent upon the patent-holder to police
infringements. You have legal remedy, of course. But, you have to find and
document the infringement before getting a lawyer.
Usually, when infringement is uncovered by companies that police for large
plant propagators, an equitable solution is negotiated by both parties. At
least, that's what was said in one of the workshops. None of the panel
members (large propagators & plant patent agents) cited a lawsuit for
egregious patent violation. A caveat here.....this conference concentrated
on ornamental plants.
All this said, I'm sure there are plenty of patent violations, especially
with plants that have been in the marketplace for years. Ornamental plant
patent-holders figure that they will make their development costs and
profits in the first decade. Beyond that, many don't bother policing.
Doreen Howard