Respecting Intellectual Property, Some Advice for Professional Propagators

摘要

We all know that new varieties are the lifeblood of the nursery business. For many propagators, the difference between success and failure is determined by how skillful they are in getting access to new materials and then putting them into meaningfulproduction as quickly as possible. The use of plant patents or trademarks (brands) is on the increase and their use constitutes an important way for breeders and marketers to get a return on the investment of cultivar (here after referred to as variety)development and promotion. However, the very likelihood of a propagator getting access to new varieties depends only in part on his or her technical knowledge. It also depends on how well that propagator has handled other varieties or trademarks in the past. The understanding of how patents and trademarks (collectively, intellectual property or IP) function in horticulture is, therefore, of increasing importance for propagators, in particular for those whose sole business is propagation. This presentation is intended to briefly introduce these concepts to the new propagator, or in the case of the experienced propagator, to review them. In reviewing the rules and established practices, some potential IP pitfalls will be discussed, and finally some ideas offered that may be useful in avoiding them. Although this presentation is aimed at propagators, it is hoped that licensors of IP may find some benefit also.