yes the PVPA 1970 was the US legislation to ratify the non-binding 1957 International Union for the Protection of New Varieties of Plants (UPOV) - most nations have adopted the convention. as far as I know there’s only been 1 cannabis strain registered so far in Canada. the rights last for 20 years, in which time “the breeder gets exclusive rights in relation to propagating material of their new plant variety.”
Something I just listened to that might be a resource.
Exactly. This is what I was trying to say in my pidgin legalese. You can trademark your trademark and have rights in the name, but the plant itself is a different case.
And when a worldwide patent costs something like £40,000, just that cost will eliminate anyone but the big hitters from getting one.
This is my view also. You have protections regarding package design, name, trademarks, and all the other trappings of business which carry protections but, however much it seems wrong, the seeds you sell have essentially no protection unless you spend large amounts of money to do so.
Yes, patents are relatively expensive. Particularly, if using an attorney to do the legwork. But, they are very strong to the point of where nation states will actively embargo imports of infringing items.
The PVPA fees amount to approximately 5K in total for a successful filing (from what I can tell). So, still pricey, but a more reasonable expense for that “unique” cultivar. There may be discount for small entities, I do not know. And, of course, you would need to understand the guidelines of what would denote a successful filing.
True and relative. Business decisions. Companies have thrived and failed on such decisions.
The alternative mechanism to protect yourself from being “blocked” (the vocal concern) from utilizing your own unique strains is “prior art”. Simply selling an item will establish prior art. Not the best way, mind you, but it is defensive.
Prior art will not provide protection from others “copying” or reproducing the genetics but it can prevent others from establishing a claim through patents or PVPA.
There are good ways and better ways to establish existing/prior art. Cost to establish prior art would be relatively inexpensive but you do not gain the exclusivity protection.
I don’t know what other ways, from a legal standpoint, that a breeder could pursue. Wet ink contracts between two parties that prevents the dissemination of genetics to the larger public would be one mechanism. But, even then, there are potential for problems. E.g. is one certain that no seeds have found there way into the end product ,etc…
Hi everyone,
Recent podcast by ShapingFire on this very topic
Happy listening 
Evertbody who isent familiar with Dave watson aka sam the skunk man aka sam selenzi aka jingles should read up on him and the company hortapharm, dave is now on the advisory board for Colorado based cannabis company, dave has international plant patents on 29 varieties and now has ties to the first FDA approved medicine from cannabis, people have been working to take over the medicinal side of the market sense the 1980s. It’s scary to see how long some of this has been in motion. Better be carefull what you breed to , the genetic population is being poisoned with Monsanto type tactics
Here is a link to a site that keeps up with the current patents being filed in regards to cannabis the war is un avoidable at this point , hold on to your beans and duck for cover
http://mjpatentsweekly.com
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Don’t trust these guys. They’re suggesting you do the paperwork for them to later take over your work.
What has been said above Phylos is what everyone we talk to is worrying about. Not a single person we talk to trusts Phylos now… and a LOT of people have major doubts about their spin off nonprofit called Open Cannabis Project.
Beware folks
So the question becomes what options are there to protect the rights of the people and the strains that have been perfected and preserved over time by the community as a whole.
Document and keep your hands on all prior existing documentation about strains and there origins.
Look into options to get varieties into open source status with out going threw companies that have questionable ties to the cannabis industry. If things are made public domain how long is that good for.
I’d say patent strains and allow the public use of them as to prevent somebody else from locking them up but patents become up for grabs when somebody passes away or it time period expires.
Create as many dam beans as possible and put them into the hands of people near and far.
There is alot to consider for the long term preservation of a diverse gene pool.
@Heritagefarms We have brought a number of answers to all these questions (public domaine etc.) on our blog (link)
The most protective approach is open source licensing (link), as it prevents Big Ag from appropriate the genetics, while public domain doesn’t really.