Author Topic: Plant Variety Rights (Read 1373 times)

arobwk · « **on:** August 27, 2018, 08:00:19 pm »

As some TAS members will be selling-on plant produce in one form or another, I am wondering whether anyone has bumped up against issues relating to Plant Variety Rights or trademarked plant varieties.

I’ve been trying to get head around this matter for several days, from a growing-on/retail-seller perspective, and have put out a couple of feeler questions to a couple of organisations – responses awaited. In meantime, thought I’d ask the forum whether any actual experience of managing (from a seller’s stand-point) PVR or trademarked plant sales.

Anyone?

pgkevet · « **Reply #1 on:** August 29, 2018, 09:50:35 am »

An interesting question that it looks like no-one here has been involved in. (nor have I). I'm sure you did the usual internet searches on the matter and the uk gov link to the plant variety rights office.
I'm guessing there's some theoretical implications in buying in a new variety of seed/plant from a source targetting hobby gardeners (thinking they're end users) and then selling the produce?
Like all these things it's likely that a small producer would get a cease and desist request before any suggestions of legal confrontation.

pgk

arobwk · « **Reply #2 on:** August 29, 2018, 11:34:53 am »

pgkevet - I have indeed searched and there are implications! Lots of stuff on the web, but mainly aimed at the folk looking to establish their breeders rights rather than guidance to folk looking to buy to sell-on in one form or another.

I have asked the PVR Office whether they can point me towards an "idiot's guide" to licensing etc. I've also asked East Malling Research about their licensing arrangements now that they have started protecting varieties they have developed. We shall see what comes back.

arobwk · « **Reply #3 on:** September 30, 2018, 01:13:18 pm »

I don't suppose many folk are going to be much interested, but a quick update never the less.
Well, the PVR Office never got back. (I would be happier if they had bothered to respond saying they can't help!!)
It took a bit of prodding to get reply from East Malling Research. Finally; it turns out that propagation of the plant stock I'm interested in has been licensed to a single grower with whom I am now in contact. No real discussion about sub-licensing for use of re-propagated material though; apparently EMR's intellectual property arrangements are up for substantial review later this year. The licensee is dis-inclined to discuss anything before then.

It seems that this small fish will have to bide his time while the big fish re-appraise their command of the pond.