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Thread: list of plants legal to propagate?

  1. #1

    list of plants legal to propagate?

    Well I have had a similar thread before but never really got an answer..let's say for instance I wanted to sell hardy hibiscus, is there a list somewhere or when I purchase a plant is there some way to find out if it has a copyright? thanx

  2. #2
    Join Date
    Dec 2002
    northeast Tennessee
    There is no list that I know of. Most of the wholesale nurseries that sell plants will charge you a royalty for patented plants, so you know you cannot propagate it, but you can sell the ones you paid the royalty on. Some provide labels for these plants.
    Retail plants and catalogs often give the patent no. so that alerts you that the plant cannot be propagated.
    Ther are sites on the computer that will tell you about the plant and if it has a patent no. There is a Hibiscus Assoc. Just go to these sites and lok up the plant and most will give a no. if patented.
    It is really confusing I know. When in doubt don't do it until you are sure.
    tennessee sue

  3. #3
    Join Date
    Jun 2003
    Bolton, Ont

    list of plants legal to propigate ?

    Its impossible to find a list, too many varieties available.

    Find a good wholesaler that has an excellent catalogue that might indicate if the plant is patented. Look for a patent # or a charge for a Royalty. These are signs to look for. Good luck. George.

  4. #4
    Join Date
    Feb 2002
    Surrey, BC, Canada

    plant list

    Telecaster-one help is at copf.org

    This organization is a clearing house for plants with any breeder's rights in this country, no similar group in the U.S. that I'm aware of.

    This works for us here in Canada, but might also be of some use for you down there, in addition to the other ideas already mentioned by others.

    Glen in BC

  5. #5
    Join Date
    Aug 2001
    Zone 9a - Gulf Coast

    Most hibiscus, including the hardy ones, are not patented. I do have one hardy variety that I know is patented, and that is 'Kopper King'. I am sure there are others, but I am not familiar with them.

    When you purchase your hibiscus, be sure that there is a label attached. The label will inicate if the plant is has a patent or is patent pending. It will sometimes actually have a statement which indicates that you are 'prohibited' from propagating the plant vegetatively.

    It is rare to find a plant with a patent against propagating from seed, but I have seen some patent laws referencing prohibited marketing of seeds of some patent protected plants. I have yet to purchase one with this restriction, though. I don't think there are very many.

    Often hardy hibiscus are propagated via seed because they will produce so many if they are not deadheaded. The seedlings will not necessarily be identical to the parent plant, but will be hardy. Some hibiscus are sterile and will not produce seeds or viable pollen.

    Do you have any particular varieties that you question whether they are patented?
    Ann B.
    Zone 9a
    Gulf Coast

  6. #6

    named hibiscus

    turn of the centiry and fantasia..I am almost sure these are both "FLEMMING BROS" and are protected and restricted!

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