Do breeders Own Their Geneticts ?

[Balarama]

I agree most with A4 and LBH, I just have to add I hate the secrets and pure capitalistic nature of the seed business.
Most seeds I own were gifted to me by breeders(growers) and I have permission to do whatever I like with them. As most are not true breeding material I can't easily make reproductions, many generations of work would be needed.

What I dislike the most is seed companies selling other people's hard work without permission and not giving any credit to the original breeders. Latest example being the DesFran(DP), which is a renamed S1 line in which the o.breeder put more than 7 years of work(and now just gave up because of this). Then somebody selfs one desired plant(making it fem) and sells the beans at higher price than the original. Horrible practice which doesn't deserve support.

On the other hand, a huge lot of seed varieties are only branded differently and are in fact from the same producer, same lines.

The seed business is mostly stealing(no permissions) so there's nothing holding me back in using the overpriced seeds by some seedmaking company for whatever one likes to make. If companies do it, why customers(who pay a lot) shouldn't?

Good vibes.

 

[BII]

From a U.S. biotechnology industry perspective (from what I'm familiar with in the real world/professionally), simplistically stated: Breeders and anybody can legally own genetic material (seeds) and living organisms (other than humans, some other higher primates, etc.), and can legally breed and sell them as they wish. This includes commercial sales, as long as not currently patented.

Patents do not confer 'ownership.' And no one 'owns' genetic material or information. Rather, inventors/patent owners in return for investing time, effort, etc. in their inventions and then making these fully public (publication of patents) get a government-enforced time-limited monopoly. For about 20 years from patent filing the inventor/patent owner can sue in federal court to prevent and punish competitors from using its specific patented invention.


What would a cannabis seed breeder patent, in the sense of being able to get a patent for? From a patent perspective, conventional cannabis breeding, crossing of existing strains, is not sufficiently novel, the inventive step(s) involved not significant enough. Patents need novelty and simply crossing strains using classic breeding techniques is not enough.

Also, the U.S. and most other major market countries have in recent years made it much harder to get genetic sequence-based patents. But we are not talking at all about gene/protein patents here, with no one seemingly bothering to do real genetic engineering with cannabis, with cannabis consumers likely including a disproportionate high percentage of persons with anti-GMO bias (not an attractive market for GMO seeds) and federal laws requiring Agriculture Dept. permits for field tests with genetic engineered plants, genetic engineering facilities generally needing to publicly register themselves, need a federal committee approval for anything truly novel, etc. All this mean nothing can be done while still not legal (on Schedule 1 in the U.S.).

Otherwise, ownership and transfers of biological materials are simply routine among scientists and organizations. Perhaps, cannabis breeders should adopt the same conventions/standards, procedures, etc. What they are doing is no different than scientists exchanging genetic materials and organisms. Maybe, breeders need to start their own trade association(s) to handle these issues, particularly as cannabis becomes incrementally legalized.

 

[Rus]

Brilliant precice and to the point. I'm seriously disapointed this post did not generate a flurry of passionate responses from the breeding comunity to unite under a banner of their own trade agreement. This would be such a positive and beneficial direction that would clear up ALOT of grey area as far as recognition for ones hard work.

 

[Hal 8999]

Owning marijuana genetics? This is purely ridiculous. When you create something new, be prepared for it to have a life of it's own. Not to mention, you are using knowledge and genetics passed down through the ages. Yet, you should have sole credit and control? That is like claiming to own the air. I will do as I like, and the world will continue to turn. Rather or not everyone is feeling appreciated and acknowledged.