PBR Plant breeders rights

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PBR Plant breeders rights

Postby Nicky » Fri Nov 23, 2007 9:52 am

I see from the Dibleys catalogue http://www.dibleys.com that many of their own hybrids are under plant breeders rights and "cannot be propagated without a license".

Does this mean that if they self by themselves I shouldn't sow the seed?

or I am not allowed to propagate leaves for my own use in case I lose the original?

or just that I shouldn't propagate leaves I intend to sell?

or that I shouldn't use them in my attemps to hybridise?

Looking throught the catalogue, this applies to:
All the Crystal series
and Nerys
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Postby masdyman » Sat Nov 24, 2007 6:28 am

Hi Nicky
From what I understand it means that you can propogate for your own private purposes but you are not allowed to sell the progeny under that registered name. Selfings and any other hybrisiation is also not allowed except for your own use as you will still be using that registered name in the hybrid process.
Can anyone else shed some light on this????????????????

Here is the AUstralian version of it

http://www.ipaustralia.gov.au/pbr/index.shtml
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Postby dale4streps » Sun Jan 20, 2008 11:31 am

Nicky,

I was looking over the web site that masdyman listed and it said, "Can I prevent someone from using my variety to breed new varieties?

No. It is in the public interest, and the aim of the PBRA, that plant innovation is encouraged. Therefore further breeding based on PBR varieties is legal.

This question comes up frequently with AVs and it is generally accepted that one can use any plant as a parent.

Dale in Illinois
Dale in Illinois
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Postby ryferre » Sun Feb 03, 2008 5:29 pm

Dale is correct!

You CAN use patented hybrids in your crossings! You can only patent a specific plant! It is unlawful to see THAT PATENTED PLANT but perfectly lawful to sell varieties that have that as it's parentage.

In the plant world there are many wonderful patented plants. There are also many patented plants that aren't even worth a dollar.

I do love Dibleys Crystal series.

PS.. You can get some of Dibleys seeds from Thomspon and Morgan catalog for the Dragon Series!

Ryan
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