Am I Allowed to Take Cuttings from this Plant?

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Fraser Valley Rose Farm

Fraser Valley Rose Farm

Күн бұрын

Пікірлер: 130
@misterkaos.357
@misterkaos.357 4 жыл бұрын
Remember kids, you can't be sued for cloning wild roses!
@diversegardener392
@diversegardener392 3 жыл бұрын
I recently started propagation of my 10 yr old roses but only for myself. I totally get the work, time and patience it takes to have success in cuttings. My budget does not allow me freedom to just go buy plants that are getting up there in price. Invasive plants I will give to family but with a warning ⚠️😅
@tarottime3219
@tarottime3219 6 жыл бұрын
Interesting, I had no idea! But thanks to Fraser’s farm I’ve been informed
@lisabeaulieu2621
@lisabeaulieu2621 2 жыл бұрын
This is aweome! Thank you for walking us through the website!
@ColorfulGardener
@ColorfulGardener 6 жыл бұрын
Thank you for explaining patents to rose lovers like me!
@camicri4263
@camicri4263 Жыл бұрын
Thank you Jason! Very interesting! My mom did propagate flowers but she didn't take proper care of them and since we moved, I have to start buying them all over again! Which sucks! One thing I never paid attention to is David Austin roses warranty, so few of them took here in Georgia and I bought more and I don't have any of them anymore! I spent so much money on them, they are not cheap, but that's my fault! When I lived in california I even bought $2 roses and grew like crazy! They were so beautiful! Here's different, so humid and clay soil, I have to see how can I make them thrive. Thank you again 💗🤗 Blessings
@kelly51757
@kelly51757 6 жыл бұрын
Wow, i never know anything about this until now and i love roses . Thank you 🙏
@MrDuffy81
@MrDuffy81 8 ай бұрын
Thank you for this extremely informative video. I love to hear your interpretation of the law but also your personal opinion on the ethics of plant propagation.
@rutgerw.
@rutgerw. 6 жыл бұрын
I was wondering about this so thank you for answering this question.
@desertliving
@desertliving 5 жыл бұрын
This is very informative video. I didn't know that roses or any other plants were paten. This great info thank you!
@jwstanley2645
@jwstanley2645 10 ай бұрын
Thank you for answering this question, and for protecting copyrights and patents. These laws are in place for good reason, noticeably to protect people who spend time, energy, care, and money bring wonderful new products to us all. Some of these wonderful products (including plants) require huge investments to produce. While there are no plant patent police, and some people can get away with ripping-off (stealing from) developers, it is simply not cool (unkind and mean). Doing so makes the world a meaner place.
@thehomeplatespecial597
@thehomeplatespecial597 5 жыл бұрын
You are like a plant detective! thank you for sharing!
@FraserValleyRoseFarm
@FraserValleyRoseFarm 5 жыл бұрын
Awesome, but now I want a badge and squad car to go along with the title. Thanks for watching!
@thehomeplatespecial597
@thehomeplatespecial597 5 жыл бұрын
Fraser Valley Rose Farm, for your badge it would need a silver thorn insignia and you cop car would be a rolling garden cart with lights and a siren.
@thehomeplatespecial597
@thehomeplatespecial597 5 жыл бұрын
(to stop copy infringementers)
@thehomeplatespecial597
@thehomeplatespecial597 5 жыл бұрын
(for when your new rose takes the world by storm...)
@FraserValleyRoseFarm
@FraserValleyRoseFarm 5 жыл бұрын
Lol
@thechaosgardener
@thechaosgardener 4 жыл бұрын
What if you dissect your wifes flowers you bought for her anniversary and stick the pieces in the ground and you grow an entire hedge of amazing flowers from a bouquet and the bouquet didnt have a patent notice?
@FraserValleyRoseFarm
@FraserValleyRoseFarm 4 жыл бұрын
Thanks. I've heard from some who say they've done it. Who am I to judge? There's no patent police patrol, so individual gardeners are in the clear. The focus of these laws is on commercial propagation. If another nursery paid for the breeding of a new plant, it would hardly seem fair for me to profit from their work without paying any of the costs. On the topic of propagating bouquet roses, one quick note: just because the flowers are beautiful, it doesn't necessarily mean the resulting plant would do well in your garden. Florists roses are bred for greenhouse culture, and are often grafted. It's not a sure thing that they'll develop decent roots on their own, a good garden habit, or even flower strongly in the lanscape. Or they might! It's a roll of the ice when t comes to an unknown cultivar.
@thechaosgardener
@thechaosgardener 4 жыл бұрын
Yeah that’s a good point. I’m in Arizona so it might be too dry. I said that because my wife was throwing a bouquet away and I made a ton of cuttings because I saw new buds breaking. I guess we will see if they root. I made a video about what I did a few days back if you want to check it out. I’m not sure what type of roses they are. They are big and white but I’m more of a grape person. I don’t really know rose cultivars
@peacefulearth4us
@peacefulearth4us 2 жыл бұрын
100% agree with you. We need to respect the breeder's works. They could spend a few decades, money and effort (trial & error) to create those varieties. 20 years for them to make profit is fair. If we put ourselves in their shoes, how would we feel if some people use our work to make profit for themselves?
@glendathegoodwitch6987
@glendathegoodwitch6987 3 жыл бұрын
Do I now have to put my conveniently concealed pruners away whenever I go to the botanical gardens? LOL
@FraserValleyRoseFarm
@FraserValleyRoseFarm 3 жыл бұрын
If no one sees, no one knows!
@BohoBlack
@BohoBlack 3 жыл бұрын
I’m so glad I have recently found your channel ✅🙏🏻
@sunshineflyer
@sunshineflyer Жыл бұрын
With digital media you are permitted to take a copy for yourself (eg ripping a cd to your computer), but you cannot sell a copy. You also can’t use the content without a license, outside of very specific “fair use” limited purposes. I think the comparison works. As I try to hang onto a bit of a delicate version of a plant that should be durable that didn’t like its placement I am ok with sticking a couple of leaves in water to see what happens.
@FraserValleyRoseFarm
@FraserValleyRoseFarm Жыл бұрын
You bet. And in practice there's definitely no burden placed on regular gardeners - only on commercial growers and sellers.
@fayekirchhoff8849
@fayekirchhoff8849 3 жыл бұрын
Found it! So glad you share your information, which it takes your hard work too! I thought the patent was 17 years duration, and pretty sure it was from one of your posts, but may be I was wrong, 20 years huh!
@FraserValleyRoseFarm
@FraserValleyRoseFarm 3 жыл бұрын
Yes, you probably heard it from me - and I think it was 17 many years ago, but since then everything I've seen says 20.
@georgegoertzen4723
@georgegoertzen4723 5 жыл бұрын
strongly agree that the breeder should get money for his work because if it was good enough to make the grade - find a place in your garden - you want him/her to have the encouragement or funds to develop more. the time alone is just....
@FraserValleyRoseFarm
@FraserValleyRoseFarm 5 жыл бұрын
You bet. I tend to think that 20 years is a bit long a period, but that's for politicians and lawyers to decide, and I can live with it.
@MrWelfarehater
@MrWelfarehater 3 жыл бұрын
Jason you have excellent advice on propagating roses. In fact I went out and bought a bouquet of Freedom red roses from a Publix supermarket. Following your advice to a tee, I have taken four stems and planted them in soil, four stems in water, and four stems using the burrito method. Ten days later all twelve stems are still in great shape. The ones in soil are rooting, the ones in water are calloused, and the ones in the burrito are starting to callus. Sadly there is no indication on the bouquet package whether the roses are patented. I would never sell them, but I do have a bad habit of giving out flowers as gifts. How do you tell if a bouquet at the store is patented? If anyone else reading this comment knows please feel free to share.
@FraserValleyRoseFarm
@FraserValleyRoseFarm 3 жыл бұрын
The stems from bouquets are pretty hard to narrow down to variety - some florists will know their suppliers, but from a supermarket I wouldn't expect it. Not much harm in trying though, if nothing else but for practice.
@somethingbeautiful2212
@somethingbeautiful2212 5 жыл бұрын
Thank you 🙏 I’ve always wondered about this.
@FrenchieFrench1555
@FrenchieFrench1555 2 жыл бұрын
Thank you Jason for an excellent video
@zoram671
@zoram671 2 жыл бұрын
Okey an important notice to keep in mind. I never know this even
@realstatistician
@realstatistician 10 ай бұрын
Hi Jason, what about trademarks and copyrights? I know you’re in Canada, so it could be different, but I believe that you can propagate and sell trademarked and copyrighted plants but you can’t call them by the brand names that are copyrighted and trademarked. These can last for a lot longer than a patent. Can you tell me if I’m wrong on this?
@FraserValleyRoseFarm
@FraserValleyRoseFarm 10 ай бұрын
I have a video on that too. Yes, basically the company tries to cheat the community by naming the plant some coded denomination (like 'WEKpaltlez' for the rose everyone calls 'Hot Cocoa'). They call the common name of the rose a "marketing name" and often try to defend it as a trademark. It's nonsense from a legal standpoint so far as I can tell (disclaimer: I'm not a lawyer) but it stands so long as no one is willing to challenge it. In a sad twist, that leaves growers of out-of-patent roses the option of simply making up their own name(s), obscuring the identity and damaging the hobby IMO. But whatever - so long as Meilland or David Austin can keep strong-arming royalties past the patent date. Here's the vid: kzbin.info/www/bejne/rWq5iKelrq98opYsi=OZ21gs78lt196-BR
@snowprincess7846
@snowprincess7846 5 жыл бұрын
What if you inherited the flowers and have no idea if the tags even existed?
@FraserValleyRoseFarm
@FraserValleyRoseFarm 5 жыл бұрын
Good point... and practically speaking, who actually keeps a precise inventory of all their plants? The onus of knowing the plant name and patent status goes to people like me - who propagate plants for sale. I politely decline to accept plants without knowing this stuff, because I don't want to inadvertently rip off the breeder.
@misterkaos.357
@misterkaos.357 4 жыл бұрын
Then you use that as you defense in court lol
@LvsKent
@LvsKent 2 жыл бұрын
Very helpful information.
@christinalw19
@christinalw19 3 жыл бұрын
I would think this refers to propagating and selling. I can’t imagine this would apply to private gardeners propagating for oneself.
@FraserValleyRoseFarm
@FraserValleyRoseFarm 3 жыл бұрын
You're right - all of the enforcement is aimed at professional growers. For other gardeners, it's more a moral issue (like downloading copyrighted music)
@christinalw19
@christinalw19 3 жыл бұрын
I would feel guilty forever so I won’t do either one.. 😉👍🏼
@destrymcc
@destrymcc 5 жыл бұрын
If you breed two different plants and use the seeds to grow a plant can you then propogate that plant?
@FraserValleyRoseFarm
@FraserValleyRoseFarm 5 жыл бұрын
Yes! The patent restrictions don't apply to seedlings, only cuttings or other asexual (cloning) propagation. You can use 1st or 2nd generation seedlings all you want because they'll be genetically different.
@InsaneImmortal
@InsaneImmortal 5 жыл бұрын
How does one go about buying a patent plant from a licensed grower?
@FraserValleyRoseFarm
@FraserValleyRoseFarm 5 жыл бұрын
Hi Robert - my business is pretty small, so I haven't even investigated it, but I think you need to contact the patent holder to find out their royalties/terms.
@IngerNordahl
@IngerNordahl 6 ай бұрын
When I take note of the patent date, do I need to pay attention only to U.S. date as I live in the U.S.? I'm running out of room in my own garden, so if I do any successful propagation, I would want to give the plants away to my sister or friends. Sometimes the Australian patent is more recent than the U.S. patent.
@FraserValleyRoseFarm
@FraserValleyRoseFarm 5 ай бұрын
I don't overthink it. If you're in the USA or Canada (we have a treaty on the plant patents) you can just use the US patent date. By the time we're 20 years out (most) breeders aren't looking to make an issue of collecting royalties on an old variety that's just about expired
@jasonjayalap
@jasonjayalap 3 жыл бұрын
How do you get into a bed that is as tall as you? Thanks for the vid.
@kp-gbuniqueinterest
@kp-gbuniqueinterest 9 ай бұрын
The Issue I have is I need thousands of Annuals for my property. I love gardening. But with a corner close to acre property in a development I need many plants. I spend money on shrubs and perennials but annuals are to much. To me its plant, as long as I am not selling or stating its mine invention, or even getting a cutting from a store I can do with it as I please on bought plants.
@FraserValleyRoseFarm
@FraserValleyRoseFarm 9 ай бұрын
It's not something I can decide for you - it's between you and your conscience. As mentioned, there's no policing on home gardeners propagating patented plants, and to the extent that no one will stop you, you can "do with them as you please". On the moral end, and just playing devil's advocate here, you also know that the work that went into breeding those plants, evaluating them and taking them to market is done by someone other than you. You had a choice. You could have bought seeds or seed annuals (with no patent protection on them at all), but they would have been less impressive varieties than the newer (vegetatively propagated and patented) varieties. Instead, if you picked a branded, patented variety with the restriction on the label, then you would be on notice that the patent holder was still entitled to compensation for their work. That's where I draw my moral line (and you're definitely free to draw your own where you like): if I had a choice, but I chose the patented variety, and then chose to propagate it without paying royalties, then I'm benefiting from someone else's work without due compensation.
@kp-gbuniqueinterest
@kp-gbuniqueinterest 9 ай бұрын
@FraserValleyRoseFarm yeah I agree with you whole hardley, i want to support them and i do by buying many new shrubs and perrienals they came up with. In 2 years i bought 600 plants not including annuals. But they don't sell to residential whole sales for Annuals. I get if I had a small house that only needs a few i would buy from the store. But I need close to 500 plugs for my garden I'm creating, wgich is enjoyed not just by me but our neighbors. 500x7.99 is way to much.
@Bentonendflowerfarm
@Bentonendflowerfarm 5 жыл бұрын
So, let me get this straight if I purchase a patented rose that I like, save the hips, grow the rose from the seed of the hip, I can then be free to grow and sell these rose plants from my market garden? is that right? (providing I did them from the seeds)
@FraserValleyRoseFarm
@FraserValleyRoseFarm 5 жыл бұрын
Yes. The offspring is genetically distinct, so it's (your) new variety - it may be similar or quite different from the parent.
@Bentonendflowerfarm
@Bentonendflowerfarm 5 жыл бұрын
@@FraserValleyRoseFarm And I could call them what I like, but they just won't be registered? so for instance, there is no law saying I couldn't call a rose I grew from seed - Joanne's Happy Day Rose lol ?
@Bentonendflowerfarm
@Bentonendflowerfarm 5 жыл бұрын
P.S Thank you so much for your advice! I watch all your vids, I even collected my own seeds last year to have a go at growing, I now have 10 lovely little rose bushes, not sure what they were, I was just trialling whether I could grow them. But I want to produce maybe 50 different stock roses in my field, some for cutting flowers, some for petals for weddings and others to propagate to sell, hence the question. anyway, thanks again, so much appreciated! Jo x
@FraserValleyRoseFarm
@FraserValleyRoseFarm 5 жыл бұрын
@@Bentonendflowerfarm That's a great name! You're right: you can name a rose whatever you want. Nothing is official except the registered cultivar name (if you register) - and even registered roses are "renamed" for marketing without hesitation. Check my vid about "Trademarks and the Backyard Nursery" for more on that dirty business. For local sales, my only cautions are: don't use a patented plant without license within the patent periods, and don't use a trademarked name unless you want to deal with threats from the trademark holder.
@maggiemanzke7926
@maggiemanzke7926 2 жыл бұрын
Yeah, fine lines are where a person's integrity shows. My new "ground cover" rose has sprawled and set roots, and I'm going to let it, in the same bed.
@cornishplanthunters4768
@cornishplanthunters4768 4 жыл бұрын
checking patent on google ...is this easy ..ill give it a go ...trouble is many plants i have in garden ive no idea which they are eg hydrangeas i collected over last 20 years before i ever knew about patents
@FraserValleyRoseFarm
@FraserValleyRoseFarm 4 жыл бұрын
Well, two problems with unidentified plants: 1) plant patent/licensing, and 2) selling. This may vary by local market, but I've found that named varieties are much more attractive to gardeners. They want to know what to expect - and having a cultivar name they can google (then or later) makes the buying decision easier. Not so much for annuals, but certainly for roses.
@cornishplanthunters4768
@cornishplanthunters4768 4 жыл бұрын
@@FraserValleyRoseFarm Cheers
@ericsmith8129
@ericsmith8129 3 жыл бұрын
I support this when it comes to selling but for personal use, if I buy your plant it becomes mine and I’ll do with it as I wish.
@FraserValleyRoseFarm
@FraserValleyRoseFarm 3 жыл бұрын
Thanks Eric - and in practice, that's pretty much what it is.
@ainsygray
@ainsygray 3 жыл бұрын
Trying to find a database of plant patents can't seem to find one any good
@FraserValleyRoseFarm
@FraserValleyRoseFarm 3 жыл бұрын
Nope, it's fairly hit-or-miss - if it's roses, I start at helpmefind.com. If it's something else, I have to poke around google.
@patrickreilly2932
@patrickreilly2932 Жыл бұрын
"If you take your legal advice from KZbin, you're kind of a fool. Even if it comes from an honest looking guy like me". 😂 Also, shout out to the comforter background.
@wouldntyouliketoknow9891
@wouldntyouliketoknow9891 3 жыл бұрын
1:24 "or even people you don't like" - we usually call them Customers ;)
@FraserValleyRoseFarm
@FraserValleyRoseFarm 3 жыл бұрын
Lol
@simoneburcombe8805
@simoneburcombe8805 2 жыл бұрын
I'm a small (very small, just starting) Canadian grower, and I'll take cuttings and divisions only from heirloom plants. However most of my plants are annuals started from seed. To date I've only been buying heirloom or open pollinated seeds, but I'd love to expand that to hybrids as well. I've been unable to find definitive information on the legality of selling plants that have been started from hybrid seeds; wave petunias are a good example. Do you know if I can sell the plants I start from hybrid seeds? Or where I can go to find the information?
@FraserValleyRoseFarm
@FraserValleyRoseFarm 2 жыл бұрын
Generally speaking, anything from seed (sexual propagation) is fair game, while anything from cuttings, division or tissue culture (asexual) is subject to plant patents. There are a few small exceptions (like the patented genes in transgenic crops or one particular rose that I know of) but for the most part it's safe to propagate from seed-grow plants. The one other note of caution is the use of marketing names: I don't know the status of "Wave Petunia" for instance, but my impression is that they've trademarked the brand for marketing. So even if it's legal to propagate from seed-grown offspring, you can't assume it's okay to sell or advertise under their trade name in any official manner.
@simoneburcombe8805
@simoneburcombe8805 2 жыл бұрын
@@FraserValleyRoseFarm Thank you!
@glendathegoodwitch6987
@glendathegoodwitch6987 3 жыл бұрын
What is your opinion about me propagating my gorgeous red maple that's been sitting in my yard since before I boughtvthe house?
@FraserValleyRoseFarm
@FraserValleyRoseFarm 3 жыл бұрын
Nice - I haven't really done much with tree propagation, but I hear maples are best from tip cuttings.
@BracesandBoots1
@BracesandBoots1 2 жыл бұрын
Often I see the statement "asexual reproduction prohibited"' without a patent number, without a patent number on the tag. Once specifically on some monkey grass. What's to prohibit the seller from having that statement included on every plant tag they create?
@FraserValleyRoseFarm
@FraserValleyRoseFarm 2 жыл бұрын
Nothing. And some routinely do, because it's no harm for them to cover all their bases and it certainly won't hurt their feelings if you're afraid to propagate. The better growers will quote a variety name and a plant patent number on the tag so that you can check for yourself when propagation is allowed, but frankly there's just not much incentive on the industry's part to play it straight.
@murzua5
@murzua5 3 жыл бұрын
I bought roses a few years ago and idiot me didn't keep the tags on them and don't know what they are anymore. Is there a way to find what out what they are anymore? Or if I could take them to someone?
@FraserValleyRoseFarm
@FraserValleyRoseFarm 3 жыл бұрын
Hi Margaret. There's no easy way to sort out their names. Sometimes you can get lucky and someone will recognize a common variety, but with so many roses released over the years it's a pretty tough call.
@murzua5
@murzua5 3 жыл бұрын
Actually I may still have the paperwork of the purchase somewhere I know they are the tea rose variety because I wanted long stem roses. Thanks been loving your channel and super jealous of your farm!!!!
@jameswiggle
@jameswiggle 2 жыл бұрын
i am curious about something. obviously it is illegal to sell a trademarked plant without permission but what if someone cloned..let's say a trademarked rose and let's say that rose is worth 50 bucks but they sold it for 10 bucks and told people it was just a generic rose?
@FraserValleyRoseFarm
@FraserValleyRoseFarm 2 жыл бұрын
Patents and trademarks are two different issues. The patent is on the legal right to propagate (which in your scenario, selling it as unidentified would short-circuit any enforcement). Trademarks, on the other hand, are supposed to protect a company's brand and reputation - but are in practice (improperly) being used to extend control over specific cultivars. In this case (where the patent has expired, but the company is holding the name to ransom with a trademark) I think you could be legally justified in defying the trademark. But who wants lawyers involved? So probably I'd just rename the damned thing to avoid the hassle, and no law would be broken.
@trotok
@trotok 2 жыл бұрын
Can you sell the flower of a patent rose plant?
@FraserValleyRoseFarm
@FraserValleyRoseFarm 2 жыл бұрын
Yes. It's fine to sell the blooms. It's only the propagation that's restricted.
@jewelguzzardi4735
@jewelguzzardi4735 2 жыл бұрын
Jason, do you ship to southern United States?
@FraserValleyRoseFarm
@FraserValleyRoseFarm 2 жыл бұрын
Hi Jewel. No, we're keeping our efforts on the north side of the border for now.
@sunshinecarnivores1919
@sunshinecarnivores1919 Жыл бұрын
As long as its not for profit and for yourself only I don't see the problem with propagation.
@Fortramnasdaq
@Fortramnasdaq Жыл бұрын
Did anyone ask the plants how they feel about someone patenting them after theyve done all the hard work of growing?😂
@pardwayne
@pardwayne 8 ай бұрын
In the same way that it was technically illegal to record things on TV with our VCRs.
@FraserValleyRoseFarm
@FraserValleyRoseFarm 8 ай бұрын
Yes, pretty similar to copyrighted music or movies in a way.
@PeterWoodstorrechianca
@PeterWoodstorrechianca 4 жыл бұрын
This is good thing but hard to enforce, if someone spends 30 or 40 years experimenting with a rose why should people be allowed to propagate, I remember it took Jack Harkness years and years to grow roses with an eye it was his plant I say, someone I was corresponding with grew 2 new geraniums which were fantastic plants, a dutch firm gave them new names and mass produced them, his firm went to court and were compensated, this is not rare, I am always annoyed when people ask if my plants come from Holland, dutch breeders have crossed the harkness roses and now sell a rose with an eye, pirates?
@FraserValleyRoseFarm
@FraserValleyRoseFarm 4 жыл бұрын
Hi Peter. I agree with you 100% - it's difficult for breeders to get paid for their work, and I know I see a lot of push-back on the concept of breeders rights. In some of the comments here, you'll find people who say "Plants can't belong to ANYONE" - and I'm sympathetic in a way. I don't want to see long-term corporate patents on specific genes or traits. My best moral compass on the issue is a compromise: the breeder/discoverer should be allowed a reasonable exclusive time to profit from her work, and after that time, the breeding improvements should "belong to the world".
@user-tk7kz1fl2r
@user-tk7kz1fl2r 2 жыл бұрын
It's nature. You can do whatever you like. No one has rights over plants even if they think they did the cross breed. Ultimately it's a natural process. These plants are not made from scratch in a factory....so you can clone to your heart's content. No one has copyright over nature!!! And roses are ultra easy to root from cuttings.....so have fun and clone away. And don't take things so seriously!!!
@FraserValleyRoseFarm
@FraserValleyRoseFarm 2 жыл бұрын
I won't try to tell you what to do - it's your decision whether to respect the work of others. As with all issues of intellectual property, there are people (like you I presume) who don't mind taking the music or movie for free, saying it's no big deal - don't take it so seriously! The flipside of this is that without any rights of ownership or chance to make money from their work, there's awfully little incentive for the development of new plants, inventions or artwork. That makes for less good things in the world for you to enjoy (paid or otherwise).
@MSFS2024Update
@MSFS2024Update 2 жыл бұрын
+1
@jameswiggle
@jameswiggle 2 жыл бұрын
amen. i clone whatever the hell i wat
@jameswiggle
@jameswiggle 2 жыл бұрын
oh you best believe i am still cloning. lol
@idkwhattoputherebuthi153
@idkwhattoputherebuthi153 3 жыл бұрын
Oh well *hides all of my illegal propagations*
@melisboregard
@melisboregard 11 ай бұрын
Plant piracy. :) I have just started to watch the video. When does the patents expire on these things?
@FraserValleyRoseFarm
@FraserValleyRoseFarm 11 ай бұрын
It's about 20 years
@gardenlifelove9815
@gardenlifelove9815 3 жыл бұрын
Never ever sell or propagate plants unless you are licensed in America, I have been living on a farm for years and even with licenses they come after you for proof of said licenses and only then do they stop the attacks. Be careful yall. Big brother loves to Monsanto farms still to this day.
@FraserValleyRoseFarm
@FraserValleyRoseFarm 3 жыл бұрын
That's rough. I've heard it's a more difficult regulatory climate on nursery growing in the US - but I wasn't sure the details.
@LEETGAMER
@LEETGAMER 3 жыл бұрын
this has me paranoid now lmfao does this mean i cant clone a genovese basil plant? like how do i even know? i see people on etsy and ebay selling cuttings
@FraserValleyRoseFarm
@FraserValleyRoseFarm 3 жыл бұрын
Nothing to be paranoid about - it's pretty much the newest brand-name releases at the garden center: Proven Winners, Star Roses, Monrovia, and they'll usually have that declaration (assexual propagation prohibited, or some such) on the label. You're totally in the clear for anything grown from seed (like genovese basil). If you're doing some selling, it's just something to familiarize yourself with as you add to your collection. Google is useful for this. Every time I add a rose to my collection, I check to see if it's covered by a plant patent. Happily, most of the ones I seem to want are not.
@LEETGAMER
@LEETGAMER 3 жыл бұрын
I plan on doing seed and cuttings that's why I'm worried
@LORGSW6
@LORGSW6 4 жыл бұрын
What about cross pollinating the patented one with the not patented one? Is it illegal too?
@gemmrk
@gemmrk 2 жыл бұрын
I would like to patent air. Every breath will cost you $1. Patent plant laws are wrong
@FraserValleyRoseFarm
@FraserValleyRoseFarm 2 жыл бұрын
You can feel how you want to feel about intellectual (or even physical) property rights. It takes all kinds! My only point would be that if the law doesn't protect the right to profit from one's own work, then everyone is a slave.
@LEETGAMER
@LEETGAMER 3 жыл бұрын
i feel defeated at this point
@FraserValleyRoseFarm
@FraserValleyRoseFarm 3 жыл бұрын
It seriously won't hang you up in most cases. I know Mike McGroarty used to compile a list of off-patent plants, and there's an awful lot to choose from. You just have to know that the big plant companies are going to try to protect their breeding investment for a few years after releasing a new plant - and if you steer clear of the newest introductions, it's not a big deal
@LEETGAMER
@LEETGAMER 3 жыл бұрын
@@FraserValleyRoseFarm I'm just worried because I'm seeing a patent for genovese basil the ocilimium basiclius or whatever
@LEETGAMER
@LEETGAMER 3 жыл бұрын
@@FraserValleyRoseFarm I really wanna make this work and make cuttings but I want to do everything legally because I think should be the only way I'd want to run something like this
@LEETGAMER
@LEETGAMER 3 жыл бұрын
I appreciate you responding means a lot man you have no idea there's not much info out there about plant patents if youtube had a donation box you'd be getting one bro
@FraserValleyRoseFarm
@FraserValleyRoseFarm 3 жыл бұрын
Genovese basil is definitely not a problem.
@MetaView7
@MetaView7 3 жыл бұрын
Is your wife OK with this video (I mean the background :v )
@FraserValleyRoseFarm
@FraserValleyRoseFarm 3 жыл бұрын
Well I'm glad you didn't mean the foreground - she picked me!
@simplex7096
@simplex7096 2 жыл бұрын
the problem with humans is that they dont get the patent really belongs to God and Nature not a person, and that patent created by someone in my point of view is illegal.
@FraserValleyRoseFarm
@FraserValleyRoseFarm 2 жыл бұрын
I won't argue with you that there are some man-made concepts at play here: money, for one. Completely fabricated. Law for another. Pulled from thin air. And even ownership of anything at all is just a convenient fiction. I'm not even sure about God. The problem isn't with your ability to declare these things invalid, but rather with the fact that they're pretty useful, even if they are made-up. If you aren't going to use money, laws of the concept of ownership, then you'd need to sort out some other way for people to engage peacefully to make exchange. Some of the alternative systems haven't been so peaceful or fruitful. Personally, (and not that anyone is hanging on my opinion) I'd rather not throw out all the good that comes from these useful fictions. From a moral point of view, I'd like to see artist, innovators, inventors and plant breeders able to profit from their own work, so I'll continue to respect these patents. You're free to treat them however you'd like as far as I'm concerned.
@simplex7096
@simplex7096 2 жыл бұрын
@@FraserValleyRoseFarm My point was just that patent laws this days are draconian and ridiculous, the supposed work a person did derives from someone or something else. Im against the patent laws in general for lasting decades to expire, it should last a couple of years at best so more people can enjoy that innovation without restrictions, and the creator of that innovation enjoy other people innovations too in their lifetime.
@FraserValleyRoseFarm
@FraserValleyRoseFarm 2 жыл бұрын
@Simplex I wouldn't treat the works of creativity, genius, or even just patience & lots of trial and error (as it is with plant breeding) any differently than work done with your own hands: if you take away the right of the individual to control and profit from his or her own work, you've made them into a slave. If we're just quibbling over the number of years a patent can last, I'd be pretty open to a shorter time frame (then the current 20 years), but even that is relatively short compared to writers (50 years from the death of the author). If it were shortened to 15 or 10 (or less), though, I'd expect investment into breeding programs like David Austin's expensive rose program to drop precipitously. You'd have the "Atlas Shrugged" effect, where those most capable of the work say (more or less) "Why should I bother to innovate if my work will just be given away to my competitors in short order?" Then it's less good things in the world for everyone, paid or otherwise.
@agustasister5624
@agustasister5624 6 жыл бұрын
Well personally i do not believe in patents and copy rights. I THINK THEY ARE CRIMINAL....but since i dont make copies of plants...oh well
@FraserValleyRoseFarm
@FraserValleyRoseFarm 6 жыл бұрын
Thanks. I won't argue the point with you - my main goal is to preserve garden-worthy roses after they come back into the public domain. In my view, exceptional roses should "belong" to the world (at least eventually). I don't mind too much if there's a reasonable patent period so that the breeder/discoverer can be compensated for her efforts, tho. It may be a labor of love, but she should also be able to make a living.
@gemmrk
@gemmrk 2 жыл бұрын
Nobody cares about plant patent laws. Most gardeners propagate what they like. What are the growers that hold these patents going to do, come to their house and do DNA tests on their plants? This is a non issue for joe shmoe gardeners. First world problems.
@FraserValleyRoseFarm
@FraserValleyRoseFarm 2 жыл бұрын
Thanks for recapping what I said in the video. No, there's no plant patent police for individual gardeners, and all of the enforcement is targeted at commercial growers. I suppose you already figured out that my channel is (at least in part) focused on discussions of this sort with small growers, and that's why it's not so much a "first world problem" (the label seems misapplied, actually) as a relevant topic for the audience I regularly present to.
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