Here's a fictional example of another quandry: a wholesale nursery stock grower
who sells to various retail outlets is propagating maybe both ornamental and fruit
patented plants without permission. This grower is then selling these to retail
outlets, but with the retail outlets' full knowledge. Maybe these retail outlets
are also supplying the wholesale grower with patented propagation material so the
wholesaler can grow their requested cultivars in specific amounts. Neither
wholesaler or retailed in paying royalties. The retailers may also be hiding these
illegal sales within sales of plants of the same cultivars that they bought and
sold legitimately.
The right of the patent holder isn't simply a right to be paid for the use of their material, it's a right to
control how and by who that material is used. If I wanted to create a policy of licensing my cultivars
solely to people named "Phil", I could do that for the duration of the patent, even if other people were
perfectly willing to pay for the right.
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