Trademarked, patented, PVR seed/plant info

[jayb]

I think some varieties I have grown or maybe intend growing might come under the above heading, I wasn't sure if I'd be able to use these varieties in breeding work.

I found these a useful start and not too heavy.

http://andyswebtools.com/uploads/453...ted_plants.pdf

https://www.plantvarietyrights.org/p...ty-rights.html

[Galina]

To quote.

"A patent legally prevents others from reproducing the protected plant variety by cuttings, tissue culture or any other method of asexual propagation without the written authorization or licensing of the patent holder. Possession of improperly propagated plants of patented varieties constitutes infringement, even if an illegal propagation was inadvertent. Though asexual reproduction may be prohibited on a patented cultivar, there is no regulation against using the plant in sexual reproduction. In other words, the seed or pollen from a patented variety may be used without permission of the patent holder. The offspring are free of patent regulations."

So it is quite simple really.
You are not allowed to propagate by cuttings or other asexual processes. Breeding by crossing with another variety is sexual reproduction and therefore fine.

The backstory behind Alan Kapuler's great snap peas is that Sugar Snap was a patented variety. So he bred with it and we now can enjoy great new not patented varieties Magnolia Blossom, Sugaree, Sugar Magnolia, Spring Blush and Opal Creek.

To be honest I was not sure at one stage either. This is why Charlie's Goldsnap was bred with Amish Snap which is definitely not patented. Needn't have worried and happy with the result in any case.

[jayb]

Bit of a minefield to get started, I looked at it before but wanted to check again especially as I wasn't clear what the differences were between the terms. Plus now there is the Open Pledge to consider.

Those are such wonderful pea varieties I'm so glad they were all freely shared.

[Galina]

The OSSI pledge (open source seed initiative) actually goes much further than a patent.
It is:

The OSSI Pledge

You have the freedom to use these OSSI- Pledged seeds in any way you choose. In return, you pledge not to restrict others’ use of these seeds or their derivatives by patents or other means, and to include this Pledge with any transfer of these seeds or their derivatives.

What it means is this pledge takes all OSSI varieties and any new ones bred from OSSI varieties out of the range of patent restrictions. Breeders cannot start with OSSI varieties, breed their own and then patent those. If you use OSSI varieties for breeding, you cannot patent the offspring.

The ossi pledge came too late for the Kapuler varieties which are completely free of any restrictions and for Tom Wagner too. But it might be a good way to go to pledge our own varieties in this way if we want to and if it bothers us that they could fall into the wrong hands and their special characteristics get patented by others. How much respect the OSSI label carries I do not know. Would Monsanto actually respect it?

[Galina]

OSSI
https://osseeds.org/

and the European equivalent of OSSI
https://www.opensourceseeds.org/en


List of OSSI seeds
https://osseeds.org/seeds/

List of European OSSI seeds
https://www.opensourceseeds.org/en/Find%20varieties

[jayb]

Yes OSSI is interesting and I get the concept and feeling behind it but I feel slightly uncomfortable with it tying up that variety and progeny forevermore. In some ways more of a padlock than trademarks etc. What you breed is the plant in your hands, I'm not sure about having a hold on someone else future work. That aside, it is good to see such talented breeders coming together to try and help preserve our seed and crop diversity.

[jayb]

Plus, a little confusing a few varieties have been added after their release date.
It would be good to think OSSI varieties would be respected by all, but yes you raise a good point.