Author Topic: Patented fruit variety's  (Read 2004 times)

bangkok

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Patented fruit variety's
« on: December 25, 2014, 11:28:20 PM »
Is there an online list somewhere where we can read which fruit is patented and untill when?

I just bought Summer Snow mango but it was labelled "Kawsong #3".

http://web.pthg.gov.tw/en/News_Detail.aspx?s=66747&n=10946&p=
According to this website the Summer Snow mango is  "formally register in National year 97 April".

Does formally registered means it is patented so not allowed to graft untill the patent has expired??

Forgive my ignorance but i don't know how it works with patents and i guess many more Asians don't know how it works.

I grafted summer snow on my cocktail mangotree, is that an offence?

Also i read somewhere that for example Mongthong duriantree is not allowed to be exported out of Thailand. No idea if it is registered somewhere or patented in Thailand. Is it possible for a country like Thailand to have laws like that? And if so then is it possible to buy an official Mongthong durian tree somewhere? (I mean one from a nursery who has a license to propagate them by grafting)?

I have never seen any nursery having any certificate for what they are selling here but maybe they keep that in the companysafe?  ::)


Pancrazio

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Re: Patented fruit variety's
« Reply #1 on: December 25, 2014, 11:40:18 PM »
Yep there is. Search for UPOV and WIPO...
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bangkok

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Re: Patented fruit variety's
« Reply #2 on: December 26, 2014, 01:05:59 AM »
Yep there is. Search for UPOV and WIPO...

De website from UPOV needs an account, i don't want an account but just info if it is legal to graft a fruit variety onto another tree which is for my own use.

The website from WIPO gives info about Ataulfo mango but i only read it quickly and to me it seems that name is only protected in an area of Mexico.

It takes many hours to find out if i can graft a scion of a fruittree onto another tree.  ;D I need lunch first now.


red durian

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Re: Patented fruit variety's
« Reply #3 on: December 26, 2014, 07:45:44 AM »
I recently grafted 2 types of patented apples in Canada.  I had to pay an additional 15 cents per scion to the creator of the varieties and sign a contract that I would not sell or give away trees or scions.  I will be able to graft from my own trees, but for each tree I will have to pay 15 cents more to the patent holder to be legal.  If I lose a tree I can replace it, as the patent holder has on record the maximum number of trees (=scions purchased) of the patented varieties I have on my farm.  I pay nothing annually and can sell the fruits without paying anything. 
This was my first encounter with patented plants.  I've not encountered it in the tropics yet.  Hopefully it is just as cheap there.

Pancrazio

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Re: Patented fruit variety's
« Reply #4 on: December 26, 2014, 07:55:53 AM »
Yes, you need an account.
If you want to reproduce a protected variety the answer is very simple: you can't.
But if you just do it with a plant, for your own use, as long you don't sell it or give it away, if you ask my opinion, I don't think anybody will care. Who will fill a lawsuit for a guy that in his backyard has reproduced a patented variety? It isn't worth the money spent on the lawyer.
But as I said, you can't legally reproduce it anyway.
In Europe there is an exception to this rule: you can reproduce anything that the patent holder isn't selling.
(I've yet to understand the logical basis of patenting a plant breed, but this is another matter)
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bangkok

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Re: Patented fruit variety's
« Reply #5 on: December 26, 2014, 08:59:50 AM »
Hey Red durian, welcome back!

Well 15 cents isn't worth the effort but i can understand that a developer wants to get paid for his work.

I guess Thailand doesn't want farmers to export large quantity's of grafted durian Mongthong so they can become competition for their exportmarket, also that is understandable as long as they developed the Mongthong themselves (which i don't know).

So if you take an account at the UPOV-website and pay the copyrights for every scion sold it then it is legal to sell grafted tree's and use the official varietyname  included the (C) from copyright??

I don't have any plans to propagate scions but just wanted to know how it works and make sure i don't do anything illegal.










 

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