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vaflowernut

Asking for a little help with trading laws

vaflowernut
9 years ago

I've been trading perennials and seeds on GW since about March, I started reading posts on the rose forum a few weeks ago and would love to trade roses with you guys. I have 2 roses that aren't patented and 5 others that are. Am I only allowed to trade unpatented roses for a plant for plant trade, or can I trade both. Also, can I trade cuttings from patented roses? I'm pretty sure that the seeds are legal to trade. Any info is greatly appreciated.

I would love to see your gardens! With so many roses, I bet they are gorgeous! :)

Comments (3)

  • roseseek
    9 years ago

    Hi Vaflowernut. Legally, and ethically, you shouldn't provide nor propagate anything from a patented plant. Yes, seeds are OK, except for those cases where they contain patented genes, such as the "little blue gene" inserted into the florist rose, Applause, by Calgene Pacific. Any asexually produced as well as sexually produced (seed, hybrid, seedling, etc.) from Applause MIGHT contain their patented gene, therefore it is illegal to produce it. The same holds true for any of the GMO crops such as Round-Up Ready corn, soybeans, etc. Otherwise, if the PLANT and not the GENE is patented, you shouldn't root, bud, graft, etc. from that plant as it is violating the patent rights of the patent holder.

    Roses which are not patented are OK to trade cuttings and bud wood from as well as propagate new plants from. You can check Help Me Find-Roses as well as do a Google Patent Search to determine if the rose in question is patented. So far, the only rose containing patented genes is Applause, the mauve florist rose introduced by Suntory Flowers in 2009.

    Other issues which you should be aware of are pests and diseases. I am highly selective about the areas from which I receive any material due primarily to Rose Rosette Disease; Chili Thrips; Japanese Beetles; and Root Knot Nematodes. You should probably check with your State Agricultural Department to determine what the proper procedures are for you to send and receive material to avoid any potential issues. Enjoy! Kim

  • vaflowernut
    Original Author
    9 years ago

    Great info Kim, I know what I'm doing now. Thanks. I'll get some roses rooted and be back in the spring. :)

  • roseseek
    9 years ago

    You're welcome! While it's nice to be able to trade rooted material, many are just as excited with unrooted so they can root them, themselves. And, you have folks like me who actually enjoy bud wood so we can bud them and have faster results with actually greater chances of success. You might find out all of your information then make an offer for trades and see what responses you get. Good luck and have fun! Kim