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.
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Camille
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