Plumeria property rights?

11 years ago

Do intellectual property rights apply to plants in the US? It seems other countries have them (aus, nz, euro countries etc.) but I can't find much on US law. Just curious how nurseries can spend years of time and $ to develop new cultivar(s) of plumeria , for example, but once a cutting is grown elsewhere...the nursery loses out on their return for their investment.

I know companies like Mosanto patent their GMO seed and food crops, but what about the mom and pop nurseries? Is it too expensive and time consuming to register every new cultivar for most? Or are the laws just toothless or too difficult to enforce here?

Just curious, of course I'd like the prices to remain lower and new cultivars to be released and sold, but I'd like to know why nurseries seem to be losing out.

-stephen

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Comments (5)

tdogdad
11 years ago
Since plumerias have something like 46 genes, and there is no genetic testing, it is pretty hard to verify that a particular flower is from a specific plant. Plumerias seem to produce a wide variety of sizes, shapes and scents to insure that the plant will survive in nature. This means you get a number of "look alikes" naturally but from different parents. Also because a seedling has genes not exactly like the parents, it can be sold as a separate variety. Only by genetic testing could you prove a cutting of a cultivar was being sold under another name. Otherwise, it could be a seedling or a look alike from other parents. Because of this, I think many of Jim Little's cultivars were cut up, grafted in many parts, then harvested for cuttings to be sold under another name. Hard to stop thieves without technology.
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the_first_kms2
11 years ago
last modified: 11 years ago
Technically trade secrets and intellectual property as a descriptor are not legal protection. Patents trademarks and copyrights are. If you patent something you must release the specifics of your patent so that others know what they cannot infringe upon. Since you cannot apply for a patent on "all green plants" or "all plants with roots". You have to patent the plant's genes. Which means to enforce it you have test each imposter for infringement. A good way to go broke. So I think growers use secrecy and time to build an inventory then go to market and get top dollar while nobody else has it to sell.

So as an example I can sell a cutting off my "Jungle Jacks Divine" as simply "Divine variety Plumeria" without infringement on anything.
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phalanx_viridis
Original Author
11 years ago
Interesting, I figured it was just a matter of proof and most growers may not care to get rich, but still have to eat. I suppose there will be a time when genetic sequencing and testing will become more commonplace and therefore, cheaper; which may result in applying for plant patents more attainable. But until then, growers can get their return through controlling supply where there is demand. Thanks for your insight!
moonie_57 (8 NC)
11 years ago
Great question!

And thanks to Bill and K for more clarity on a subject that I have often thought about. I will say that it does bother me somewhat when I see certain cuttings for sell without the cultivators name attached.
phalanx_viridis thanked moonie_57 (8 NC)
tdogdad
11 years ago
It would be nice to have cheap sequencing so we could settle some of the disputes over the names of flowers.
phalanx_viridis thanked tdogdad