patented or trademarked orchids.

[camille1585]

I think you are not understanding something. Patents doesn't make it illegal to SELL the plant without prior permission, you just can't progagate (and then sell those). Why would there be legal recourse? The producer of the patented plant WANTS their product to be sold! They propagate their variety, then the plants get passed through various channels and end up at the resellers.

Like I said in my first post, plant patents are valid 20 years.

[orchidsarefun]

Originally Posted by camille1585

I think you are not understanding something. Patents doesn't make it illegal to SELL the plant without prior permission, you just can't progagate (and then sell those). Why would there be legal recourse? The producer of the patented plant WANTS their product to be sold! They propagate their variety, then the plants get passed through various channels and end up at the resellers.

Like I said in my first post, plant patents are valid 20 years.

I am not talking about legal propagation of a patented plant. The patent would add a $ cost to the price of the plant as a royalty needs to be paid, records need to be kept, etc etc. Selling as NOIDS eliminates the need for all of this. Its impossible to properly identify something sold as a NOID. It can look like a known grex, but you can't be 100% sure. As a patent holder you would only know for sure through extensive testing and that's probably not worth it.
I know a little about this issue as my brother-in-law is going through issues with a vegetable plant that unfortunately is open-pollinated.

I think we will have to agree to disagree on this issue.

[Cym Ladye]

Camille,

I was under the impression that the patent on orchids pertained to the asexual reproduction of the patented plant and the selling of those mericlones. It did not apply to any divisions or seed from the original plant. There are so few orchids patented when one looks at the hybrids out there, it may even be a moot question for our hobby. On the other hand, roses, hydrangeas and similar perennials are heavily patented.

In regard to the NOIDS in the mass market, the comment of "too lazy to make all those tags" is probably the 1st reason. The second is "who cares", and the 3rd is merely "keeping the breeding a secret" for whatever reason.

CL

[orchidsarefun]

Originally Posted by Cym Ladye

Camille,

I was under the impression that the patent on orchids pertained to the asexual reproduction of the patented plant and the selling of those mericlones. It did not apply to any divisions or seed from the original plant. There are so few orchids patented when one looks at the hybrids out there, that it may be a moot question for our hobby. Roses, hydrangeas and similar perennials are heavily patented.

In regard to the NOIDS in the mass market, the comment of "too lazy to make all those tags" is probably the 1st reason. The second is "who cares", and the 3rd is merely "keeping the breeding a secret" for whatever reason.

CL

is there a resource that you are aware of that would list all patented orchids ?