Young knockout cutting propagation question

windmountainJune 19, 2007

I just received my order of young knock out roses in the mail. One of the branches was damaged in shipment. I made a new cut above the place it broke off from the main stem and stuck it in water last night. As it is a young plant, the branch has alot of growth but no buds yet. Since this isn't a full-grown cutting from a cane, should I leave it in water to root or use soil/perlite, or something else? Will this even prove to be successful??

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diane_nj 6b/7a

There are a few methods posted on the forum, the methods have been successful for many people.

However, Knock Out is under patent, and it is illegal to propagate it asexually (meaning via cuttings or accidental breakages).

    Bookmark   June 23, 2007 at 7:43AM
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triple_b(BC 5b)

Gosh I feel like I opened a big can of worms now.

    Bookmark   June 28, 2007 at 12:31AM
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stephen9(8)

As far as patent plants isn't it only illegal to propagate and sell them to make profits. I took a class in propagation a while back and we propagated some patented plants which if it was illegal then our professor would have gotten in trouble but they were not for profit.

I was wondering if I was to propagate k.o.'s by layering on the ground if that might work. I will continue to propagate my plants, after all the prices you pay for these you should be allowed to do so. Plus I know many others that propagate plants illegally anyway and many make profits off of them which I don't.

    Bookmark   July 1, 2007 at 10:10PM
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diane_nj 6b/7a

No, it is illegal in any case. As I stated in the other thread, the law does not make a distinction on whether you are propagating the patented plant for own use or for profit.

    Bookmark   July 3, 2007 at 9:50AM
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farmergreg(Zone 7)

I have to agree with Stephen. I'm a student at a major university and we propagagate Knockout Roses regularly for research and use around campus. The patent laws DO cover all asexual propagatin of a species (i.e. cuttings, layering) but the bottom line wit plant patents is to do it at your own discretion. If you feel the need to stick cuttings of a plant that is patented, no one can stop you, further more, the person would have to prove that the plant is a direct species and not a close hybrid.

I took some pencil-sized cuttings of Knockout rose, removed the flower buds, treated them with a rooting hormone (I used a conentration of .3% Indole-3-butyric acid but .1 should suffice)(check the label),and stuck them in perlite (just about any media should do. The K.O. roses root very readily and quickly just keep them moist. i included a link that may be helpful. This is a awesome rose and good landscape plant. Happy Propagating.

-Greg

Here is a link that might be useful: Rose Propagation

    Bookmark   April 22, 2009 at 1:03PM
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trospero(8)

"I'm a student at a major university and we propagagate Knockout Roses regularly for research and use around campus. The patent laws DO cover all asexual propagatin of a species (i.e. cuttings, layering) but the bottom line wit plant patents is to do it at your own discretion. If you feel the need to stick cuttings of a plant that is patented, no one can stop you, further more, the person would have to prove that the plant is a direct species and not a close hybrid."

First of all, I am shocked that anyone speaking on behalf of any University would utter such a statement. Plant patent law does not include any discretionary clauses: no matter how you use the material or what your intent, it is illegal to asexually propagate any patented plants for any purpose regardless of whether an exchange of money is involved or what institution is doing the propagation. There is no gray area here. If you make copies of 'Knockout', then you are violating the patent, period. Why do people persist in applying their own personal interpretation to something that is as clear in its intent as a plant patent???

    Bookmark   April 22, 2009 at 7:53PM
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alpharetta(z7 GA)

I may stupid question here. If replicate KO rose is illegal, how do the nurseries have lot of KO roses to sell? They have to get a license right?

Second, what if your KO rose which you bought from Home depot is about to die for any reason, do you have the right to make a copy of it? Just like you buy a movide DVD, you have a right to make a copy for your own back up purpose.

Let have some sense of humor here...

    Bookmark   April 30, 2009 at 6:26PM
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trospero(8)

"how do the nurseries have lot of KO roses to sell? They have to get a license right?"

Thats right; they bought a license to propagate it and they also pay the creator of the rose a royalty for every plant sold. That is what patents are for: to make sure the plant's creator gets paid for his work.

"what if your KO rose which you bought from Home depot is about to die for any reason, do you have the right to make a copy of it?"

Think of it this way: you buy a patented rose and you are basically buying a license to own one copy of it. It doesn't matter if you own the original plant or a copy of it which you rooted from a cutting, but you have a license to own one copy of it. (Assuming you originally bought one plant) Some would disagree with this statement, but I personally think this would be interpreted as fair use and within reason.

    Bookmark   May 1, 2009 at 11:09AM
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palmettogal(SE zone8)

Alpharetta...hopefully it would die within a year of purchase from Home Depot and they would make it good by replacing it for ya' free of charge...like Lowe's does!

How on earth would anyone know whether the KO rose...or any plant, flower, tree, etc., that is growing on your property was propagated illegally? I'm just curious here.

    Bookmark   May 5, 2009 at 9:36AM
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trospero(8)

"How on earth would anyone know whether the KO rose...or any plant, flower, tree, etc., that is growing on your property was propagated illegally?"

Truthfully, there is no way to know. When it comes down to the consumer level, people are trusted to honor the patent terms and conditions. What patents are really designed to do is prevent people from propagating a variety and selling it without submitting the royalty fees due to the breeder/patent owner. There are no "patent police" to come inspect your garden, so in reality you can do as you please. But if you sell a copy of a patented rose, you are in different territory indeed.

Case in point: there was a small nursery that came to our weekly farmer's market selling a variety of plants. They were caught selling a patented rose and were reported and got in a bit of trouble over that. The only repercussions were that they had to stop propagating and selling it, since they were just "little guys", but they were caught and reprimanded. It can happen.

    Bookmark   May 5, 2009 at 10:19AM
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palmettogal(SE zone8)

Thanks...common sense told me that should be the answer but I had to ask anyway. I neither propagate or sell because I have a horrible enough track record just trying to GROW a rose of any kind in my yard. But, will pay attention to patents just in case!

    Bookmark   May 5, 2009 at 1:11PM
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hawkd42_yahoo_com

People need to shuttie about propagation laws.

    Bookmark   May 11, 2011 at 4:23PM
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kayjones(Mo6b)

Just stick the cutting in the ground, in the shade, place a jar over it and keep it moist - it will root and I WON'T TELL A SOUL!

    Bookmark   May 15, 2011 at 9:19PM
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dandelion_2009(7)

lol

    Bookmark   May 16, 2011 at 1:13AM
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