Wie konnten sie das überhaupt durchsetzen? Wenn ich die Pflanze besitze und meinem Freund einen Steckling schenke, woher sollen sie das überhaupt wissen? Das scheint lächerlich, aber vielleicht übersehe ich etwas
It is legally enforceable, but nobody does unless you are making a business out of it.
redoingredditagain on
Patenting a plant variation and then using a stolen character name on it is quite a choice.
Automatic-Reason-300 on
I think the problem is if you try to sell them. Otherwise how can they avoid that?
heyitscory on
They catch your website or nursery selling young plants that look suspiciously like their cultivar and sue you for damages.
Many-Scallion4780 on
This plant was around before the company and will be around after. They can kiss my ass
palpatineforever on
if they find someone selling them they can do genetic testing to check if it is their patented plant. if you are just giving them away to friends no one cares, if you are making profit, they do.
jmb456 on
This isn’t uncommon in landscape plants. I know I’ve seen it on several abelia varieties
basaltcolumn on
This is normal, you’ll see it on the tags of most named cultivars. It isn’t directed towards you, but rather other nurseries that may want to propagate them on a large scale for sale and not give any compensation to the folks who spent years developing them. They don’t care about random collectors propagating them.
Random_182f2565 on
ambahjay on
Named cultivars generally fall into two categories imo: an interesting history lesson regarding the horticultural history between a plant and people, or marketing.
LordOfSox on
Yes, but for this plant i dont know so we will go with a plant i know better like cotton candy grapes.
the plant itself is patented, they do this by proving its new and unique and extensivly describing its traits, then they patent it under a name like cott25 grape (i made this name up), this is usually some kind of weird name that you wouldnt want to sell under, this patent lasts maybe 20 years and the first 10 you are trying to convince people that ts tasty and you should buy tons of them.
The name cotton candy grapes is trademarked and trademarks can last forever so you sell it under this name and get people to associate your product with the trademarked name.
When the patent is still in force if i try to sell the plant i would be sued. When it expires i can sell it without being sued but i cant call it a cotton candy grape so instead ill call it a carnival candy grape but the big grape companys have had 20 years to get people to enjoy the brand name grape so now i can only sell as a knock off brand grape
akinoriv on
You can do whatever you want with your plant but if you set up a shop and start propagating them and selling them, then they can sue. This isn’t gonna be a problem unless you’re a huge seller or flaunting it on the internet or something.
jeepwillikers on
Do we think they liscenced the name ‘Khaleesi’?
Petraretrograde on
My sister and i bought twin RD’s, and mine grew ravenously, then rotted at the base. I literally assumed i killed her, but didnt throw away the whole plant. I cut off the rotted portion and bought another “decorsiva-type” a month later from lowes so we could still have similarly growing plants. Little did i know, the base of my original lived on and surprised me with new growth 2 months later.
So i now have both. I fertilize when i remember, water like 6 times a year. The zombie plant has grown slowly, but regularly. The new one doesnt grow much faster.
MouldyLocks492 on
“Patented Plants: If your plant has a tag indicating it is patented, has a patent number, or is marked PPAF (Plant Patent Applied For) or labeled with “Propagation Strictly Prohibited,” it is illegal to asexually propagate it. This includes rooting cuttings or dividing the plant, even for personal use.”
Odd_Cantaloupe_7122 on
Clone it and give one to everyone u know
Gardener_of_Weeden on
ask monsanto
bohemianprime on
Couldn’t you clone it and just change the name? Like how can they prove the variation didn’t naturally occur somewhere else?
scissorsgrinder on
They formally mean making a profit off it. It’s to protect breeder’s rights, some of whom can spend years and generations developing varieties, and other breeders could tissue culture or otherwise propagate especially rare new varieties very quickly. That’s what copyright was developed for, to protect playwrights and musicians getting their living undermined. Then capitalism enshittified this original intention of course.
US consumer laws are ridiculously weak, maybe they do actually prohibit personal propagation. They don’t like you copying a song to send to a friend so they put copy protection on it and make it illegal to remove, ridiculous! However, who would ever know (*without mass AI-consumer-product powered surveillance) so do what you like.
ahfoo on
If I saw this display at a retailer, I would accidentally knock it to the floor and then unintentionally step on it with a twisting motion of my heel. . . coincidentally.
Tradeeveything on
Or you propigate the same plant until the patent expires and then you sell thousands and thousand of plants
AdventurousLunch346 on
Wack
pookazoo on
Challenge accepted.
Secret779 on
And I’m pretty sure they used AI
yungbutthole on
I would prop just cuz
vestigialbone on
They’re mad about propagation but use genAI slop. Got it
26 Comments
It is legally enforceable, but nobody does unless you are making a business out of it.
Patenting a plant variation and then using a stolen character name on it is quite a choice.
I think the problem is if you try to sell them. Otherwise how can they avoid that?
They catch your website or nursery selling young plants that look suspiciously like their cultivar and sue you for damages.
This plant was around before the company and will be around after. They can kiss my ass
if they find someone selling them they can do genetic testing to check if it is their patented plant. if you are just giving them away to friends no one cares, if you are making profit, they do.
This isn’t uncommon in landscape plants. I know I’ve seen it on several abelia varieties
This is normal, you’ll see it on the tags of most named cultivars. It isn’t directed towards you, but rather other nurseries that may want to propagate them on a large scale for sale and not give any compensation to the folks who spent years developing them. They don’t care about random collectors propagating them.
Named cultivars generally fall into two categories imo: an interesting history lesson regarding the horticultural history between a plant and people, or marketing.
Yes, but for this plant i dont know so we will go with a plant i know better like cotton candy grapes.
the plant itself is patented, they do this by proving its new and unique and extensivly describing its traits, then they patent it under a name like cott25 grape (i made this name up), this is usually some kind of weird name that you wouldnt want to sell under, this patent lasts maybe 20 years and the first 10 you are trying to convince people that ts tasty and you should buy tons of them.
The name cotton candy grapes is trademarked and trademarks can last forever so you sell it under this name and get people to associate your product with the trademarked name.
When the patent is still in force if i try to sell the plant i would be sued. When it expires i can sell it without being sued but i cant call it a cotton candy grape so instead ill call it a carnival candy grape but the big grape companys have had 20 years to get people to enjoy the brand name grape so now i can only sell as a knock off brand grape
You can do whatever you want with your plant but if you set up a shop and start propagating them and selling them, then they can sue. This isn’t gonna be a problem unless you’re a huge seller or flaunting it on the internet or something.
Do we think they liscenced the name ‘Khaleesi’?
My sister and i bought twin RD’s, and mine grew ravenously, then rotted at the base. I literally assumed i killed her, but didnt throw away the whole plant. I cut off the rotted portion and bought another “decorsiva-type” a month later from lowes so we could still have similarly growing plants. Little did i know, the base of my original lived on and surprised me with new growth 2 months later.
So i now have both. I fertilize when i remember, water like 6 times a year. The zombie plant has grown slowly, but regularly. The new one doesnt grow much faster.
“Patented Plants: If your plant has a tag indicating it is patented, has a patent number, or is marked PPAF (Plant Patent Applied For) or labeled with “Propagation Strictly Prohibited,” it is illegal to asexually propagate it. This includes rooting cuttings or dividing the plant, even for personal use.”
Clone it and give one to everyone u know
ask monsanto
Couldn’t you clone it and just change the name? Like how can they prove the variation didn’t naturally occur somewhere else?
They formally mean making a profit off it. It’s to protect breeder’s rights, some of whom can spend years and generations developing varieties, and other breeders could tissue culture or otherwise propagate especially rare new varieties very quickly. That’s what copyright was developed for, to protect playwrights and musicians getting their living undermined. Then capitalism enshittified this original intention of course.
US consumer laws are ridiculously weak, maybe they do actually prohibit personal propagation. They don’t like you copying a song to send to a friend so they put copy protection on it and make it illegal to remove, ridiculous! However, who would ever know (*without mass AI-consumer-product powered surveillance) so do what you like.
If I saw this display at a retailer, I would accidentally knock it to the floor and then unintentionally step on it with a twisting motion of my heel. . . coincidentally.
Or you propigate the same plant until the patent expires and then you sell thousands and thousand of plants
Wack
Challenge accepted.
And I’m pretty sure they used AI
I would prop just cuz
They’re mad about propagation but use genAI slop. Got it