patented or trademarked orchids.

[camille1585]

I agree that hybridizers should be able to protect their creations, but patents are not the way to go! It shouldn't be legal for plants. Plant Breeders Rights offer the same protection, BUT allow the plant to be used in other breeding programs.

In any case, even with protection, it doesn't stop ill intentioned people. A veggie breeding company I worked at has hybrid tomato seed production outsourced to china. Basically they provide the pure parental lines, the chinese grow them out, make the cross and produce the F1 seed. The trouble is that the chinese are taking cuttings from the parent plants, to be able to illegally produce and sell the hybrid themselves. The trouble is that even with the protection, taking legal action is apparently very very difficult....

[orchids3]

Camille,
You may be right but I wonder if "Plant Breeder rights" are the same for the USA as they are for Europe? I too believe that "The Patent" is not the way to go. I know of one and it did not do much for the creator.
There must be a win win solution to all this. As it stands now - nobody is winning.

[camille1585]

Originally Posted by orchids3

Camille,
You may be right but I wonder if "Plant Breeder rights" are the same for the USA as they are for Europe? I too believe that "The Patent" is not the way to go. I know of one and it did not do much for the creator.
There must be a win win solution to all this. As it stands now - nobody is winning.

PBR is worldwide, it is the same rules and protection in all countries that adhere to it. Check out the wikipedia page for more info on how it works. They summarize it pretty well.

[lambelkip]

Originally Posted by camille1585

I agree that hybridizers should be able to protect their creations, but patents are not the way to go! It shouldn't be legal for plants. Plant Breeders Rights offer the same protection, BUT allow the plant to be used in other breeding programs.

I think you misundestand plant patents. the patent only covers asexual reproduction (divisions and clones)
sexual reproduction is not restricted - if you cross a patented plant with another plant, you end up with a new, unpatented plant. You can even make a self cross of the plant without restriction.

Plant Breeder's Rights (under the Plant Variety Protection Act in the United States) protect seed or tuber propagated plants. Only the registered owner of the variety can reproduce those types of plants (no self crosses, divisions or clones are allowed). They can still be used to make new hybrids without restriction.