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davidrt28

a thing which happened in this world, that you should be aware of

davidrt28 (zone 7)
8 years ago
last modified: 8 years ago

OK here goes. This post has been pending for over a year. My reputation for being wordy and circumlocutory precedes me, but maybe by having to be as elliptical as possible about the details it will speed things up.

This has actually happened.

You
are a non-profit/academic institution that wants to breed new plants. A
foreign government approaches you offering to supply new, fresh,
wild-collected germplasm of this genus. You will just fund a minor
expedition to locate it. They locate it and you begin your breeding program. In a few years, voila, success. You have new and interesting ornamental plants with totally groundbreaking attributes. Everything is poised to start field testing...

Oops.
You get a message from your foreign government friends. They've heard
about your breeding successes. They think since they initiated the
process by supplying you seed, they should own the fruits of your labors. They should get a commission on every plant sold, even though you've never done such an arrangement with anyone else before. Even they they did none of the crossing, selecting and tissue culture work.
In the law of their land, apparently they own even the DNA code of plants which naturally occur there. The lawyers discuss it for a year but then it ends with no conclusion. Apparently you signed to some fine
print when this all begin...I seriously wonder if it was in English or
not! Anyhow, your work is scuttled. Years of breeding down the
drain. Progeny with any derivation from those species they supplied
cannot be released, ever. They might have already been destroyed.
That's all I'm going to say, so don't ask specific questions but feel free to speculate amongst yourselves.

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