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Legal issues on using hot pepper varieties

lionbeat

lionbeat

I have a few questions regarding the legal issues on using capsicum varieties. I presume there are not so many limitations if I'm using a certain variety as an individual, but there certainly are some if I'm a business. And by "using" I mean growing, gathering seeds, selling plants or seeds, using it for cross-pollination, etc.
 
So here are my questions:
 
1. Who owns the rights for a certain variety if there is such a thing and how can it be checked? I understand there are heirloom varieties that probably nobody owns, but if a certain company developed a variety and is selling the seeds - am I allowed to gather the seeds from the fruits I grow? can I sell those? can I sell the plants grown from the original seeds or the ones I'm saving? 
 
2. If an enthusiast grower developed a stable variety, named it and sold the seeds, can I grow this variety commercially, gather or sell the seeds? And who actually coins the name?
 
3. If I use two varieties in creating a third one, do I own any credits or benefits to the "parents's owners"?
 
 
 
i know ajdrew had a post about this a while back.
 
 
1.
Plant Variety Protection - seed and tubers (issued by U.S. PVPO)
Plant Patents - asexually propagated plants except for tubers (issued by U.S. PTO)
Utility Patents - for any type of plant showing utility (issued by U.S. PTO)
 
usually a company has agreement that you can't take their seed and use/reproduce it for commercial purposes. trading / saving seed for personal purposes is fine. If you agreed to such agreement then no you can't use it / sell it legally.
 
 
2. yes, anyone can coin anything, if you don't file paperwork then you technically don't "own" it. other vendors can take your shit no problem. 
 
3. don't think so as that creates new genetics... how could they prove it?
 
4. any legal challenge would require $$$$, is it worth it to defend your variety? is it worth it for some small guy in his backyard breeding peppers to go after you?
 
5. don't ever share seed/pods with anyone if you are developing a new strain. lots of people have been burned by this.
 
Thank you all for the replies, now if I answer my own questions:
 
1. There are certain varieties which are indeed protected either by individual or company, usually for a term of 20-25 years and they go public after that term. In US it's Plant Variety Protection (PVPO) that can be checked here: http://www.ars-grin.gov/cgi-bin/npgs/pvp/pvplist.pl or Plant Patent (PTO). Internationally it's UPOV (International Union for the Protection of New varieties of Plants) with 74 countries on board and their GENIE database is here: http://www.upov.int/genie/en/ (though right now the database might be incomplete)
So basically if a variety is not protected I assume I can use it the way I want: grow, save seeds, exchange or donate seeds, sell seeds, sell plants, cross-pollinate, etc.
However if it is protected I should get the patent holders permission to do any of these. 
 
I assume that if I buy small packaged seeds of a variety that is protected the company that sells the seeds have their permission or is in fact the patent holder and I am as an individual allowed to grow the plant from the seeds, and according to the third exemption from Plant Variety Protection Act of 1970  ( https://en.wikipedia.org/wiki/Plant_Variety_Protection_Act_of_1970 ) save the seeds, but cannot sell them 

"The PVPA's third exemption permits a farmer to save seed from protected varieties and to use such saved seed in the production of a crop without infringement."
 Nothing is said about trading seeds, but I assume it is also not allowed.
 
Now if I'm a business and buy professional seeds the information on their usage is usually contained on the seeds package and by opening the package I agree with their rules: grow the plants and benefit from crops, but I'm not allowed to save seeds or clone the plant.
 
2. If a variety was developed by an individual, but is not protected anyone can benefit from it and there are no legal bindings on it's usage. The one who actually officially claims a variety and pays the fees can in fact name the variety and own the rights for it's usage.
 
3. To my understanding, according to the same Plant Variety Protection Act of 1970, if variety's got PVPO I cannot use it for producing a new F1 hybrid variety, but it's OK if I get to an F8 (aka developing a new variety).

"A plant variety certificate gives the breeder the right to exclude others from selling the variety, or offering it for sale, or reproducing it, or importing it, or exporting it, or using it in producing (as distinguished from developing) a hybrid or different variety. "
Please correct me if I'm wrong.
 
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