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What happens when you breed copyrighted peppers?


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#1 SnakeForce

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Posted 15 April 2019 - 04:32 PM

Let's say you breed a copyrighted pepper with an uncopyrighted pepper, like the Habanero White Bullet®* with a purple cayenne or something; or what if you breed two copyrighted peppers, like the Peppadew®** and the Craig's Champion*?

 

 

 

*(Copyrighted by Redwood City Co.)

**(Copyrighted by Peppadew International (Pty) Ltd.)



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#2 thegreenman

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Posted 15 April 2019 - 04:36 PM

The copyright protects the name, not the genetic makeup of the pepper. You can grow the white bullet and sell it under another name if you want. However any reference, no matter how oblique, to the copyrighted name would land you in hot water. Calling it 'White Projectile' would be asking for legal trouble.
Opposed to a plant patent which covers the unique genetic makeup of the plant. So propagation or selling unauthorized patented plants would be a patent violation, regardless of what name you called it. In the horticulture industry this is commonplace. Philodendron 'Xanadu' was originally patented, and when that patent expired, the grower released 'Xanadu 2' as an improved patented variety.
https://patents.goog.../USPP12506P2/en

Edited by thegreenman, 15 April 2019 - 04:44 PM.


#3 SnakeForce

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Posted 15 April 2019 - 04:49 PM

So the copyright only affects the name? So if I breed two copyrighted peppers, it would not be copyrighted or owned by those two companies? (I don't want to copyright the peppers myself, but I am just curious)



#4 floricole

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Posted 15 April 2019 - 04:51 PM

Peppadew® is registered trademark

Trademarks can be used by others under licensing agreements.

 

 

 



#5 thegreenman

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Posted 15 April 2019 - 04:55 PM

So the copyright only affects the name? So if I breed two copyrighted peppers, it would not be copyrighted or owned by those two companies? (I don't want to copyright the peppers myself, but I am just curious)

Correct.


Additionally, in theory you could even breed and sell sexually reproduced offspring from patented plants, as long as they were materially different from the parents. However, Monsanto has more money than any hobbiest gardener, and their lawyers could easily bankrupt the average small business with legal costs.

Edited by thegreenman, 15 April 2019 - 04:57 PM.


#6 floricole

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Posted 15 April 2019 - 05:20 PM

Exceptions to plant breeders' rights (Canada) http://www.inspectio...5/1335969867075
Plant breeders' rights do not restrict anyone from using the protected variety for

private and non-commercial purposes,
experimental purposes,
breeding and developing new plant varieties, and
storing and saving seed harvested from a protected variety for planting by farmers on their own land.



#7 SnakeForce

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Posted 15 April 2019 - 06:21 PM

Okay, thank you guys! That helps



#8 deolater

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Posted 17 April 2019 - 01:54 PM

Are there any patented peppers?

#9 floricole

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Posted 17 April 2019 - 01:59 PM

Are there any patented peppers?

search goole for it 

patented capsicum

https://patents.just...ation/800/317.1



#10 spicefreak

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Posted 22 April 2019 - 12:42 PM

The copyright protects the name, not the genetic makeup of the pepper. You can grow the white bullet and sell it under another name if you want. However any reference, no matter how oblique, to the copyrighted name would land you in hot water. Calling it 'White Projectile' would be asking for legal trouble.

 

Pale Projectile Peppers!






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