Basics of PLant patent and trademark please
Please give me some basics on plant patent and trademark:
I believe the two are different yes?
Patent is considered intellectual property...and cannot be duplicated (propagated) without consent?
Trademark is a registered name, and while the product can be copied the name cannot be used?
is that more or less right?
Another recent thread on red fleshed apples had a link to nursery with a collection. At least one and perhaps several came either recovered abandoned orchards or feral trees. Now trademarked with a non propagation statement.
This got me thinking.
I have full respect for the work and dedication invested by breeding programs. And I definitely believe that work should be rewarded and encouraged.
I am a bit more reluctant to support a chance discovery (or rediscovery) and afford it the same protections...I suppose only because it does not seem an innovation, they have not worked to produce something new, useful and unique. But rather stumbled upon it and recognized what was already there.
But I am not sure that really matters, and there is certainly work involved in chasing down vanishing varieties and determining their traits and usefulness.
I have nothing against this nursery, I understand them to be a reputable one. It just got me thinking and realizing my own weak grasp on horticultural law.