WAMcCormick said: Are any of the amaryllis types patented?
WAMcCormick said: Are any of the amaryllis types patented?
NOLO said: A plant patent can, in most cases, be infringed only when a plant has been asexually reproduced from the actual plant protected by the plant patent. In other words, the infringing plant must have more than similar characteristics; it must have the same genetics as the patented plant.
https://www.nolo.com/legal-enc...:
g_evere said: I will plant the seeds, ...
I market the offspring as my own....
Would that be illegal?
g_evere said:
Monsanto sued farmers for selling their patented corn
NOLO said:
Utility Patents for Plants
These patents have been issued for elements of plants such as proteins, genes, DNA, buds, pollen, fruit, plant-based chemicals, and the processes used in the manufacture of these plant products.
....
under (utility) patent laws, the purchaser can sell the plants but cannot manufacture the seed line.
https://www.nolo.com/legal-enc...:
bsharf said: I see that this interesting question has resurfaced on this forum.
kenisaac said: And the third issue with naming a NOID is industry standards! (or lack thereof)
Case in point: Red Pearl VS Black Pearl
Is the right one a Red Pearl and the left one a Black Pearl?
So you try to ID it? Only Red Pearl is listed in the https://www.plantscope.nl/ database, created/breed by N.L. van Geest BV, 's Gravenzande, Netherlands.
Hmmmm.... No wonder we have NOID's!
My pictured one on the left is a Red Pearl, but sold to me (and labeled as) Black Pearl. The right one is a Red Lion. I love both, BTW.
You can go read threads about people posting pictures supposedly showing the differences between the two "pearls" (Red Pearl and Black Pearl) and choosing which flower form they like best- or trying to ID which Pearl they have...and it's the same plant (according to https://www.johnscheepers.com/...)
Edited on 01/29/24 link no longer valid: Below screenshot from wayback machine archive
The industry isn't too concerned about ID's, as they've chosen to call our Hippeastrum by the name Amaryllis for the last hundred and fifty years or so.
The problem can also be legal or due strictly to marketing, due in part to some varieties unable to be legally protected by Plant Patent or the similar 'PVP." They may be so similar in DNA / parentage to others, or the reproduction methods (I.E sexual) disqualify them for legal protection against propagation by another company.
So companies just basically sell "our version of chanel #5" with their own registered name (as in Red Pearl / Black Pearl), or sell them as a generic color, like this:
(https://www.johnscheepers.com/...)
I once bought a big bunch of hipps online, with a description of only "White Mini Amaryllis" because they were so cheap, but actually emailed the company and asked if they were specifically "Alfresco Sonata?" They said "yes."
It's interesting that on the bottom of Hadeco's "Alfresco Sonata" page, (https://www.hadeco.co.za/summe...) of which I assume they own the trademarked name, they tell you how to propagate Hippeastrums, rather than saying "do not duplicate" our trademarked variety
And if you just like the smell of 'CHANEL N°5' but can't do the $138 per 3.4 oz at Maceys... Hey: here's an $18 option for the same size. My nose won't be able to tell the difference!
Did I say my eyes like my Black Pearl just as much as any Red Pearl I've ever seen?
cwhitt said: how can one find out if a Amaryllis name has been registered?
augustavabusiness.com said:Bloomaker anticipates its largest holiday season in company history for its amaryllis blooms. The company will produce and ship nearly 1 million amaryllis bulbs to stores across the country, including Costco, Trader Joe's, Kroger, Harris Teeter, Martin's and Whole Foods, from its Waynesboro headquarters. This is a 425% increase in amaryllis sales in the past five years.
https://augustavabusiness.com/...
Ken said:I've been wrong before!
bsharf said: I was surprised to learn of the Florida series of hybrids. I had never seen them in the marketplace or even heard of them.