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Plant patent/copyright and exchanges query???

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Plant patent/copyright and exchanges query???

Post by Admin on 22nd April 2009, 22:24

Reviewing the terms of use policy document now the classifieds section has been added and reading the policy document regarding the exchange of cutting material as published on HMF I started wondering about something that might affect us here... so here's the question. PBR and other forms of copyrighting/licensing protect a plant variety from being propagated and sold without the necessary licenses, but does this extend to propagating and giving away plants of varieties protected by international or national plant breeders rights here in Australia? HMF says this:

The Cutting Exchange is not to be used for the exchange of patented or proprietary plant material or in violation of local and international regulations related to the sale, exchange, and transport of plant material including compliance with the local PLANT BREEDERS' RIGHTS of each party.

So if I was to have plants of Christopher Marlowe that I've struck that I want to give away is it illegal to advertise them, or advertise my intention to give them to someone, even though I am not selling them and am not commercially producing it or benefitting from it in any way financially? Does this put a '?' over the legality of parts of the 'Rose Trader Database' as it relates to modern roses protected by PBR or copyright/licensing restrictions?


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