That is an excellent question. Perhaps it is one that either Dr Pounders could answer himself, or could refer you to someone in the USDA who could answer it. Dan mentioned earlier today that this was certainly likely to become a problem and one that the USDA needed to address.
I am still trying to understand how you can sell something that is not actually yours and it is legal. I do remember reading something in all of searching over the past few days about protecting Intellectual property and plant patents. I do think this whole situation may become rather unpleasant before it is finally resolved.