Patented Roses and propagation
15 years ago
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Has anyone successfully propagated david austin's Molineux?
Comments (38)I have seen this post often over the years. While I see no problem in rooting a cutting for myself, I don't do this. Once, I tried to root what I thought was a sport of Magic Lantern. It rooted but wasn't a sport. I kept it. I guess the rose police could charge me. I also inadvertently rooted a Morden Blush. It grew from a tiny pruning left on the ground all winter. Someone on the forums here told me I should kill it. Really, new roses are so inexpensive, when you compare them to daylilies, that can go up to or over $200 the first year introduced. Why not just pay the $, as has been said. Roses are not as easy to hybridize as dayliies, which are much easier to propagate. Patenting daylilies would be really futile. Just my silly 2 cents. Kathy...See Morepatent stuff
Comments (39)"You could always propagate them sexually, from seed" Not really. As far as I know, if you propagate a hybrid rose from seed, you most likely will NOT get a true clone of the original rose; your seedling from seed is almost surely will be different from the rose you got the seed from. I guess that is the reason why the patent law forbids asexual propagation but it is silent about Âsexual propagation. This corn story is outrageous and bizarre. I haven't heard that! It is also surprising because hybrids-as I mentioned above - usually donÂt come true from seeds. But I admit I know nothing about the Âcloning potential of genetically engineered seeds. Nonetheless, a ban on using seed or pollen of a patented rose in order to create new cultivars would extremely slow down or make breeding of new varieties close to impossible except if the breeder uses old, out of patent specimens. I doubt that hybridizers are required to wait 20 years or more to get a pollen or seed to create a new rose. If you search roses genealogy on HMF, in most cases you will see the 'parentage' registered, namely the seed and the pollen 'parent' mentioned, provided the rose was bred subsequent to the time when precise information became available for the breeders as to how to ID with certainty the parents of their new and hopefully successful creations. I mention only one example. On HMF I just looked up MeillandÂs Bolero (2004, floribunda) that was bred by using the seeds of Kimono (1961) and Sharifa Asma (Ausreef). Sharifa Asma was released in 1989 and is still patented. It was certainly patented when the house of Meilland came out with Bolero, and they obviously had to start breeding Bolero well before the 2004 marketing. I seriously doubt that it was illegal to use SharifaÂs seeds in order to come up with a new hybrid. On the other hand, you can also notice that the parentage of the newest roses by Kordes, Tantau is "undisclosed", not does Austin reveal the bloodline of his newest varieties. I agree with Mgleason. If a retailer, wholesaler or nursery buys exclusive patent rights, it should make the rose available either by propagating the rose in question or allow other nurseries to propagate it. Diane made a good point by saying: "Talk to a hybridizer, see if that changes your mind". Others argued that the breeder would feel awful and cheated if an individual propagates his/her rose without paying royalties. I believe a breeder also wants his roses to be grown in as many gardens and in as many countries as possible and would feel just as bad and just as cheated if someone buys the exclusive right to market his rose but instead buries it. Jack Harkness, an outstanding breeder in his own right, argues that Âwe felt that that a holder of a new variety had some obligation to distribute it to his fellow rose growers, whether he charged for the stock or charged royalties . His comment was made regarding Peace. The Harkness company got two plants of Peace earlier as a present from the American distributor, namely from Robert Pyle. The Harknesses wanted to buy stock from MeillandÂs British agent (patent holder, I guess) who in turn informed them that his company had no stock to spare. So the Harkness firm propagated Peace from the plants they got from Pyle and when MeillandÂs British agent visited them, reports Harkness " I made a point of letting him see our stock of Peace, ready for sale at the same time as his, in 1947" As you can see, in the Harkness incident the issue was not even so critical as it is with Bear Creek aka J&P exclusives from KordesÂ, TantauÂs or otherÂs roses that were pulled from production after a very short period of time and are absolutely unavailable because access for propagation is denied for other US nurseries and import from Canadian nurseries are prohibited. In these cases those who have the specific rose should be able to propagate it or send cuttings to those who want that rose very much. I would penalize the holder of exclusive rights if the 'intent to sell' turns out to be intent to neglect or abuse the contract that gave this person or company exclusive rights. And I would like to see those appreciated who do everything that the specific rose does not become extinct....See MoreFunny business at Home Depot: "Kordes" roses
Comments (18)In SE VIrginia, Home Depot contracts with a local nursery to produce most 0f the plant material, arrange the displays and provide all the care. Plants that are not up to par are pulled by nursery employees and put back on the truck. The nursery employees are fairly knowledgeable but when they're not there, good luck getting answers to plant questions. Since the nursery eats the losses they are motivated to take good care of the plants and locally, they do a very good job keeping up with the watering. Lowe's, on the other hand, has a plant specialist in the department assisted by others who have some on-line training. The Plant Specialist does the ordering and makes markdown decisions. Our Lowe's has several employees who are knowledgeable and their training is geared towards assisting customers. During peak season they are assisted by vendors who unload and arrange the plants. In our local store, the nursery has a subsidiary who provides these merchandisers, called Plant Partners. Lowe's expects the merchandisers to focus on tasking and let Lowe's employees handle the customers. The weak point in this arrangement was that the watering was supposed to be handled by part-time, untrained employees. (One told me she refused to water the Kordes roses because they were so thorny and she wasn't provided any gloves!) I've worked at both stores....See MoreRose cutting trade (non-patented/out of patent only)
Comments (3)@Kalli Dimi PLEASE be aware this now carries enormous risk of spreading Rose Rosette Disease as well as Chilli Thrips into areas which do not have either...yet. Chilli Thrips have spread into many areas which experience extreme heat and far too many people don't follow the necessary regimen to control them. Many feel the occasional spraying of Spinosad during the height of their apparent activity is sufficient, which does not prevent them from being present on sent material. RRD exists over much of the colder areas of the country and can remain asymptomatic for some time before showing itself. Nurseries shipping from the areas with these issues are state inspected and must follow prescribed treatments to prevent spreading these issues. An online connection very often doesn't. We all want to believe the person on the other end of the trade is as responsible and attentive as we are, but from many years of experience, that is too often not the case. Please be extremely careful moving material around from outside of your area and make sure anyone you are considering engaging in such an endeavor with will make SURE they are not sharing pests and diseases you don't want. Black spot, mildew and rust are one thing. RRD and Chilli Thrips are something entirely different....See More- 15 years ago
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