"Do not propagate without licence" ???

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

  1. "M"

    "M" Total Gardener

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    I have a hydrangea (bought cheap in a sale earlier this year), popped it into the garden back May and it is now thriving ( :yes: ). Read in my book that now is a good time to take cuttings, so, had a little inspection this morning to see which stems might make the best candidates. Fortunately, I kept the label on the shrub and took a look: "Do not propagate without licence".

    So, does that mean no one can, or, you can for your own personal pleasure but not for re-sale? I'm thinking the latter is correct, but just want to make certain :)

    Thank you.
     
  2. Victoria

    Victoria Lover of Exotic Flora

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    Good morning "M". I have had several plants/shrubs with such labels. As I understand it, you can propagate for personal use but not for selling purposes.
     
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    • Loofah

      Loofah Admin Staff Member

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      As I understand it, they'd have to be telepathic to know you did it.
       
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      • clueless1

        clueless1 member... yep, that's what I am:)

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        I just wouldn't sell it on.

        But, here's a point to consider. A technicality. If you take a cutting off a plant and that cutting grows. Have you really propagated it? Does 'propagate' mean to duplicate/replicate or does it mean to increase in mass?

        If it is the latter, then you can't even let the original plant grow without violating the license. Surely then it can't be that.

        If it is the former, then you can take as many cuttings as you like, because each cutting is technically not a new plant, it is the same, original plant. Its not just genetically identical, it is the same material. All you're doing is allowing the plant to increase in mass in a more distributed arrangement than would have otherwise been the case.
         
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        • Lea

          Lea Super Gardener

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          How would they know? Would they come and take the plant back?
          The Hydrangea police may have a "plant" in your area! :loll:
           
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          • Phil A

            Phil A Guest

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            • JWK

              JWK Gardener Staff Member

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              • wiseowl

                wiseowl Admin Staff Member

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                I only know about Roses;)
                It's not legal to propagate a patented plant for the first 17-20 years after it has been introduced.,But anybody is free to propagate older roses and rose varieties that are no longer under patent protection.So you should find out the history of a particular rose before taking cuttings and growing roses from cuttings. :sofa::heehee:
                 
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                • whis4ey

                  whis4ey Head Gardener

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                  Newer species are properly protected from propagation for a specified period unless under licence to the owner (the person who has taken years of time and expense and knowledge to develop the new variety)
                  The object is to prevent anyone from making money out of his/her labours
                  It is directed towards commercial enterprises to prevent that happening.
                  If you are simply increasing your own stock then it is an irrelevance.
                  'Who is to know' is an apt comment, it would be impossible to police otherwise
                  You are fine so long as you do not attempt to sell. Even to sell for charitable purposes would be breaking the law
                   
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                  • wiseowl

                    wiseowl Admin Staff Member

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                    I would know if I were to do it,;) but then I suppose its up to the individual's integrity,honesty and values they hold ,how far does "Who's to know go":)
                     
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                    • whis4ey

                      whis4ey Head Gardener

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                      It is not a question of one's honesty, integrity or values ..... it is not unlawful to do so simply to increase your own stock :)
                       
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                      • whis4ey

                        whis4ey Head Gardener

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                        Just to clarify, this is a quote from the Plant Varieties Act 1997
                         
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                        • silu

                          silu gardening easy...hmmm

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                          I'd be breaking the law continually if I wasn't legally allowed to increase the plants I have for my own use or to give to others...maybe the giving to others is a bit dodgy ? Recently I have propagated quite a few Sambucus Black Lace which are now happily growing in a few friends' gardens and took root cutting of quite a new variety of variegated Acanthus to increase my own small stock, better hope there isn't a knock on the door! That said I haven't made any financial gain out of propagation of newish varieties of plants so hopefully I'm not jail bound!
                           
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                          • shiney

                            shiney President, Grumpy Old Men's Club Staff Member

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                            Sam is correct and it doesn't affect any of us propagating our plants either for ourselves or for friends. Even selling them for charity can be argued as 'non-commercial' reasons. No plant breeder is going to waste time trying to argue about some plants sold for charity.

                            This point comes up about once a year and is a simple misunderstanding of the current laws.

                            Continue propagating your plants and give them away or sell them for charity. Some charities give the plants away and ask for donations to their funds ;)

                            The Monsanto case was a clear and deliberate breach of a contract and not relevant to this situation. Although some of the other Monsanto cases have been on more dodgy grounds and there's alledgedly an investigation into an alledged link between the company and some/a judge!
                             
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                            • "M"

                              "M" Total Gardener

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