"Do not propagate without licence" ???

Discussion in 'General Gardening Discussion' started by "M", Jul 9, 2013.

  1. whis4ey

    whis4ey Head Gardener

    Joined:
    Nov 23, 2006
    Messages:
    1,341
    Gender:
    Male
    Occupation:
    Retired
    Location:
    N. Ireland
    Ratings:
    +803
    hehehe ...... pushing your luck a little here but probably fine :)
    However ... if you get into trouble don't forget to quote ' Shiney told me' :)
    As for Monsanto ... is a United States fingy. We have our own problems over here without worrying about their peculiarities .... LOL
     
    • Funny Funny x 1
    • "M"

      "M" Total Gardener

      Joined:
      Aug 11, 2012
      Messages:
      18,607
      Location:
      The Garden of England
      Ratings:
      +31,887
      "Donated" to charity????
       
    • al n

      al n Total Gardener

      Joined:
      Aug 31, 2011
      Messages:
      1,990
      Gender:
      Male
      Occupation:
      self employed
      Location:
      wirral
      Ratings:
      +3,267
      :ouch1: :ouch1: x1000
       
    • shiney

      shiney President, Grumpy Old Men's Club Staff Member

      Joined:
      Jul 3, 2006
      Messages:
      64,813
      Gender:
      Male
      Occupation:
      Retired - Last Century!!!
      Location:
      Herts/Essex border. Zone 8b
      Ratings:
      +126,887

      That'll stop them dead in their tracks! :lunapic 130165696578242 5:
       
    • whis4ey

      whis4ey Head Gardener

      Joined:
      Nov 23, 2006
      Messages:
      1,341
      Gender:
      Male
      Occupation:
      Retired
      Location:
      N. Ireland
      Ratings:
      +803
      On further consideration I think this would probably be interpreted as a breach of patent, so I would be inclined NOT to offer for sale, even for 'charity'
      Charities are becoming more and more commercialised. Just how little of your money that actually goes to the charity is some proof of that. Charging for your pot or your compost would probably not get past the local Magistrate either :)
      No point in inviting trouble. Use the plants yourself or give them away. Shiney probably has enough problems of his own in life without you adding to them LOL
       
      • Informative Informative x 1
      • shiney

        shiney President, Grumpy Old Men's Club Staff Member

        Joined:
        Jul 3, 2006
        Messages:
        64,813
        Gender:
        Male
        Occupation:
        Retired - Last Century!!!
        Location:
        Herts/Essex border. Zone 8b
        Ratings:
        +126,887
        Sam, I don't do problems! :heehee: Magistrates and judges have got used to me!!!!! :lunapic 130165696578242 5:

        We don't 'name' any propagated special plants as I don't remember the names - and I don't think we have any that are restricted. None of the plants we propagate go to a charity to be sold. The money 'donated' for plants comes directly to us and the collected amount (including entry donations, book sales, tea and cake sales, craft sales etc) is passed to the charity as donations. We're heading towards £4,000 so far this year. :blue thumb:

        The charity we support uses 100% of the money donated for direct use for the mentally handicapped children. All admin and other work is done by volunteers and local businesses. The only paid people are the nurses and therapists.
         
        • Like Like x 1
        • Friendly Friendly x 1
        • JWK

          JWK Gardener Staff Member

          Joined:
          Jun 3, 2008
          Messages:
          33,042
          Gender:
          Male
          Location:
          Surrey
          Ratings:
          +51,695
          Well done Shiney, that a fantastic amount you have raised.
           
          • Agree Agree x 2
          • sumbody

            sumbody Gardener

            Joined:
            Mar 18, 2013
            Messages:
            256
            Gender:
            Female
            Occupation:
            Retired
            Location:
            South East London
            Ratings:
            +303
            A few years ago I bought a batch of hydrangeas which all had restrictions on propagation - and I was under the assumption that as long as I don't put a label to name the specific plant I could pass cuttings on to whoever wanted them. :oopss:

            S
             
          • shiney

            shiney President, Grumpy Old Men's Club Staff Member

            Joined:
            Jul 3, 2006
            Messages:
            64,813
            Gender:
            Male
            Occupation:
            Retired - Last Century!!!
            Location:
            Herts/Essex border. Zone 8b
            Ratings:
            +126,887
            You can pass them on, you just mustn't sell them for profit. :blue thumb:
             
          • whis4ey

            whis4ey Head Gardener

            Joined:
            Nov 23, 2006
            Messages:
            1,341
            Gender:
            Male
            Occupation:
            Retired
            Location:
            N. Ireland
            Ratings:
            +803
            Shiney, I have absolutely no doubt about the admirable work you are doing. I am just a common lawyer warning of the possible pitfalls :)
            Correction .. you mustn't sell them :)
            I consider that 'selling' will be considered a commercial act whether for a charity or not
             
            • Informative Informative x 1
            • shiney

              shiney President, Grumpy Old Men's Club Staff Member

              Joined:
              Jul 3, 2006
              Messages:
              64,813
              Gender:
              Male
              Occupation:
              Retired - Last Century!!!
              Location:
              Herts/Essex border. Zone 8b
              Ratings:
              +126,887
              Sam, thanks very much for your professional interpretation :blue thumb: :love30: :). I do understand that you are warning myself and others not to sell them. :dbgrtmb: Anything we actually do is taken at our own risk.
               
            • Kristen

              Kristen Under gardener

              Joined:
              Jul 22, 2006
              Messages:
              17,534
              Gender:
              Male
              Location:
              Suffolk, UK
              Ratings:
              +12,669

              I disagree with you + JWK, and take Monsanto's side, on this one. Its a clear breach of contract. If someone buy seeds, signs a contract not to self-store / re-sow but goes ahead and does that anyway, then destroys evidence .... then they are a crook and can go straight to jail without collecting £200 :nonofinger: More the fool them for taking the Chance :)

              The intellectual property law appertaining to Plant Breeder Rights allows for "No propagation [for profit]", as discussed, but also to additional protections such as controls imposed on the "harvested material" - which covers the no self-re-sow Right that Monsanto are exercising in this case.

              If you don't like the terms of the contract don't enter into that contract :)

              Whether intellectual property protection benefits society, and the solo-inventor etc., or just lines the pockets of Mega Corp, is IMHO a different debate on which there are, without doubt :), lots of strongly held opinions.
               
              • Friendly Friendly x 1
              Loading...

              Share This Page

              1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
                By continuing to use this site, you are consenting to our use of cookies.
                Dismiss Notice