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Post by Flytrap on May 1, 2007 12:08:30 GMT -5
Hey all you legal types and TC culturists... has there been any thoughts about who can make clones of registered cultivars?
For example... can people make TCs of Nep x 'Judith Finn' or VFT bigmouth or Sarr 'Ladies in Waiting' and still sell / trade them as these cultivated varieties? or, are these names and cultivars registered by the plant originators?
I ask this because I had got wind of a rumour that Borneo Exotics had at one time, had to destroy a whole pile of Nep hamatas because the clone or genetic variety was owned by another grower.
So here's the question... can one make clones of various varieties of CPs without having to worry about "copyright" or ownership? For characters like me, I'm not into TC, but often make cuttings ... so what are the rules? How do they enforce this sort of thing in the world of orchids?
David
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Post by tom on May 1, 2007 12:16:10 GMT -5
I think you have to do some legal paper work in order to register your cultivars by the 'authorities'. Once it has been done, royalties are versed (?) to its creator for every plants produced and declared, but as you might guess, a lot of plants are propagated and sold without this, especially in small market/business. Do there is some legally registered CP cultivars, I don't know...
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Post by Syble on May 1, 2007 19:34:32 GMT -5
Well, that depends if the cultivar or what have you is pateneted. I remember dealing with alot of fancy geraniums and coleus at the college that were propagation prohibited, and patented...of course we paid a ton of attention to that! small scale isn't barely looked at, they're on the look out for someone multiplying by the 1000's not the hobbiest thats doing a few a year.as for whats protected(if you care) There would have to be some kind of notation on the cultivar submission I would think, or if theres a way to do it, check patent office? Sib
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