Propagation Prohibited - ?

[tropicalplanttom]

I think this may have been touched on in a previous post, but on the assumption that anyone keeping seeds in their own garden is probably fairly safe from prosecution, they will have engineered the seeds so that they are not particularly viable. I have done bits and pieces of work over the years in a couple of African countries where products such as chillies are grown from seeds kept year on year. Clearly a company like Monsanto want to resell their product each year, so it is even better than the threat of litigation to know that farmers (or indeed gardeners) will HAVE to come back for more because the seeds don't function. Another sad fact of commercial life.

 

[grow_my_own]

This thread got me to thinking about a couple of things. Now, while I do not save seed to sell, I am starting my own seedlings this year. I've actually sold a couple of seedlings to friends and neighbors and was thinking about expanding a little (not to be a business, but a little pin money here and there is always nice to have, and I live in a very rural mountain community where people support one another in this way all the time).

If I started seedlings for plants that are protected/patented, would I then not be able to sell them to my friends, neighbors, colleagues, etc.? Would I have to make my customers sign a statement that they would not reproduce the seeds? What if I gave a plant as a gift to someone and they liked it and kept the seeds and decided to sell them later?

See, this is why Monsanto and the chokehold they have on the world's food supply is so scary and so dangerous.

 

[seedcorn]

This thread got me to thinking about a couple of things. Now, while I do not save seed to sell, I am starting my own seedlings this year. I've actually sold a couple of seedlings to friends and neighbors and was thinking about expanding a little (not to be a business, but a little pin money here and there is always nice to have, and I live in a very rural mountain community where people support one another in this way all the time).

If I started seedlings for plants that are protected/patented, would I then not be able to sell them to my friends, neighbors, colleagues, etc.? Would I have to make my customers sign a statement that they would not reproduce the seeds? What if I gave a plant as a gift to someone and they liked it and kept the seeds and decided to sell them later?

See, this is why Monsanto and the chokehold they have on the world's food supply is so scary and so dangerous.

IF you buy the seed, you can sell the seedlings.
IF you saved the seed, you can not use it without a waver from the person holding the plant patent.

It isn't just MONSANTO. It's every breeder-including land grant universities-that hold patents on seed. No matter what you read, you can not save seed from protected varieties. You can not use any genetics from this variety. You CAN go back to off-patent varieties and start from scratch and develop your own.

It's no difference if I decide to homestead your property, it's illegal.

 

[seedcorn]

I haven't taken patent law yet (next semester!), but here's some advice based on my basic understanding of the matter:

When you buy plants normally, part of the expectation is that you can recreate/propagate/breed them as you see fit. When they add that tag you then know you're just buying one plant, not something you can grow more plants from. It's like buying a neutered dog.

But here's the thing. Plants make seeds and offshoots. You have no control over that and you can't be expected to stop them from doing it. The creators were capable of making the plant non-propagatable (like mules!) but they chose not to, assumably because it's very costly to make each plant in the variety individually rather than using the seeds of an existing plant - something an individual grower would be willing to do, but that goes against the nature of companies. They made the conscious choice to save money in the creation process rather than having the chance to sell more plants. Their patent protects them from willful propogation. But if your plant happens to go to see or create offshoots or interbreed with some other plant, who are they planning on suing? The bees? Your fantastic soil?

Any plants created in this way therefore belong to you (you own the plant, cared for the plant, the plant reproduced - you own the reproduction) and can be used by you without legal ramifications.

So, obviously don't sell them. And if you want to replant them for your own use (not selling the fruits, not selling the seeds - giving away of fruits is probably ok) no one is going to come after you. The reason behind the patent is so they can sue you if you create your own variety using theirs as a base and then sell them for a profit. No one is going to come after you if you grow them for your own use - really they can't come after you if you sell the fruit at a farmer's market either - because how do they know you definitively did not save seeds from your original purchase?

If you're really paranoid then just leave one fruit of each plant in the garden, let them self-propagate, spread them out when they sprout. But they definitely will not sue you if you save seed and replant for your own personal use. The cost of litigation is not worth the value they would get back from suing you. Patent is seriously just a deterrent. A stay off the grass sign.

A lot of words. Can't sell them, can't use them, can't save them. Fairly simple. Will you be prosecuted? Probably not but it's still using someone elses's material without permission. No company can give you the right to save seed, only the holder of the patent.

 

[OldGuy43]

A tiny bit off topic but... If you think the patent laws are outrageous check out the copyright laws. Have you ever sang the traditional version of Happy Birthday in a public place? Say a restaurant, sports stadium or a park? That's a public performance, and you have cheated poor old Time Warner, Inc. out of their just due.

http://www.snopes.com/music/songs/birthday.asp

 

[Detlor Poultry]

A tiny bit off topic but... If you think the patent laws are outrageous check out the copyright laws. Have you ever sang the traditional version of Happy Birthday in a public place? Say a restaurant, sports stadium or a park? That's a public performance, and you have cheated poor old Time Warner, Inc. out of their just due.

http://www.snopes.com/music/songs/birthday.asp

:/ ...

 

[hoodat]

The movie Deliverance got snagged by that when they used the song that became known as Dueling Banjos thinking it was in public domain. The right name for it was Mockingbird and it was written and copyrighted by (I think) Chet Atkins. They had to pay royalties plus a penalty for using it.