Plant royalties and protections

Discussion in 'Nurseries and Growers' started by WenzelOSLLC, Sep 8, 2011.

  1. WenzelOSLLC

    WenzelOSLLC LawnSite Senior Member
    Posts: 709

    I have a few plants at the place I work that I have taken cuttings of for personal use and to replace losses at work. I was thinking about supplying the plants to my work next year.

    I was wondering if there is a way to tell if a certain plant that I want to grow to sell is protected and how to go about getting a license to grow the plant?
     
  2. Ric

    Ric LawnSite Fanatic
    Posts: 11,957

    Wenzel

    As long as you do it in good faith with Due Diligence you should be good. Let your conscience be your guide.

    Of course DNA can be patented, but Protecting that patent falls on the Patent owner. The cost of pursuing and the ability to collect damage to cover those cost is non existent. Just finding and testing your plants takes a army of detectives.

    Stay away from Agriculture crops because Large Companies like Monsanto will pursue damages etc just for the principle and not care about costs. They have Lawyer on staff in their legal department.
     
  3. dKoester

    dKoester LawnSite Gold Member
    Posts: 3,266

    Here's what you can do as well. Find plants that are going into expiration in regards to their patent. Normally they will stop producing these as a way to keep a foothold on growers. With these plants you can propagate them a your will as long as the patent has expired. If you need more info go to www.freeplants.com
     

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