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Re: [nafex] Patent Rights/Royalties- 3 questions

"Bell, Richard" wrote:
> This is a response to an old posting.  I hope you can pick up the thread.
> In response to Dale Burkholder's message:
> > Jim wrote:
> > In any case, in the licenses being granted on many recently patented
> > varieties, a clause is included to the effect that seedlings and sports do
> > belong to the patent holder.
> >
> I would be interested in knowing examples of varieties which are in this
> restricted category.
> I believe US law allows use of patented material in breeding, and does not
> restrict ownership of mutants to the developer of the original clone.
> Canadian Planter Breeder's Rights does not prohibit use of their germplasm
> in breeding.  Use of ENZA varieties (from New Zealand) for breeding may be
> prohibited without some licensing and royalty arrangment.  UPOV
> (International Union for Plant Variety Protection), of which the US, Canada,
> and most Western European countries are members, states that use of
> protected asexually propagated varieties for breeding is allowed.  Sports
> and genetically transformed clones of protected varieties cannot be
> independently patented or used commercially without the permission of the
> owner of the original patent, if that patent is still valid.  Use for
> research is not prohibited.
> Dale wrote:
> > My question:
> > Does this only apply to the F1 seedlings, and later generations are
> > exempt?
> > If I use these patented cultivars early in a breeding program (my latest
> > get-rich-quick scheme <g>) crossed later with unpatented stuff, am I safe?
> >

I believe the origin of this legislation was the desire to protect the
investment made in *G*enetically *M*odifying certain species.  For
example, Montsanto has a tremendous investment in moving "Roundup Ready"
genes from whatever weed it was found in, into soybeans.  These beans
are patented and propagation is prohibited....but that has not stopped
some farmers from saving seed from their crop and using it.

Montsanto's big fear is that Fly By Night seed company will simply cross
the GM seed with an inhouse selection, spray the field with Roundup and
sell the seed as their own.  Same GM genes at almost no investment.  
So, the big seed companies who made the GM plunge need some kind of
legislation to protect their investment, otherwise they will innovate
(invest) themselves right out of business.


                                                     -Joe Hecksel
                                                      Eaton Rapids,

Comfort the afflicted.
Afflict the comfortable.