Kitchen Garden Forum

the subject of paying royalties on home saved seeds was mentioned briefly in passing on another thread a few days ago.

as far as i can determine seed royalties or plant breeders rights only apply to seeds that are harvested and subsequently sold. So seeds saved (or cuttings propogated) for own use or given away are exempt.

it appears that plant breeders rights to a particular variety can be applied for by virtually anyone who is prepared to stump up the initial registration costs and the anual fees whether they have actually done any plant breeding or not. which is why some companies are able to register varieties that have been arround for years.

www.callygardens.co.uk/PBR_for_Plantsman.html gives some more details

Hi Richard,
Certainly anybody can register a plant but it is just not as easy as you are making out and it maybe a variation of an existing plant but it must be able to be proved before the right is granted.
You seem to resent anybody earning anything from horticulture but if you were a person actively breeding plants I feel that you might have an entirely different point of view.
It doesn't affect an individual wanting to take regenerations for his/her own use it is only when you want to sell something that has PBR that you would have to pay a royalty.
When I was propagating I, on the odd occasion, have slipped up before realising that the plant had PBR's
and then I simply called the plant a 'Brandon Special' and sold it just the same but to my home market and not distributed through the trade.
There are several Wheat's and Barley's that carry PBR's and the seed can be saved and regrown but the Royalty is still due to the Breeder. If you have a genuine benefit it only works out at a few pounds per acre and if you have an increased yield then the Royalty is worth paying.
JB.

thankyou for your reply jb

Johnboy wrote:Hi Richard,
You seem to resent anybody earning anything from horticulture but if you were a person actively breeding plants I feel that you might have an entirely different point of view.
JB.

yet again anyone submitting a view slighty different to yours is subbject to a personal vendetta

had you looked at the website i linked to you would have seen the views of another horticultural proffessioal which are somewhat different to yours

Richard,
I do not agree with what you are saying for the simple reason it is simply not true. Before a plant can attain PBR's it has to be proved to be markedly different. What you are saying is that anybody can pick up a plant and do nothing to the plant and irrespectively register that plant. This is patently not the case.
I do hold certain opinions and because they oppose yours and I pick you up on it every now and then, but after all I am concerned with the truth, but I can assure you that I do not do not carry out vendettas on anyone.
JB.

Richard - I agree with what Johnboy says and that was the way I read it. Calm down, this is only a Gardeners web site! Tis Christmas and the time for Goodwill to all men, women - even garden gnomes.

And a happy New Year!