Thursday, November 9, 2023

Reproducing varieties yourself: Patents & considerations

Growing roses from cuttings is a fun and very satisfying way to create more of your beloved varieties.
Before we start I have to tell you that it's forbidden by law to grow roses from cuttings (or grafting for that matter) when the variety is still patented. This means that this variety can only be reproduced by the owner of the patent or nurseries that are allowed to do so. It's only normal that rose breeders want money for their creations. As long as the patent is in full force they get paid for each sold plant of their variety. Once when the patent is expired and didn't get renewed you're allowed to reproduce the variety yourself.
But! Rose breeders and rose nurseries aren't getting rich from their magnificent creations and it's essential we keep buying roses directly from the nurseries as this is the best guaranty for rose breeders to keep creating new roses. 
So which roses can we reproduce without feeling guilty or breaking the law? 

* Non patented roses which are nearly impossible to get in your country 

* You don't know the name of the variety of the old rose growing in your garden 

* Old heritage roses which are very hard to find, they aren't patented

* Old Modern roses without a patent that are very hard to find in your country

* When you have explicit permission from the patent holder when the patent is still in force 

A patent can be in force ranging from 15 to 25 years and it can get prolonged so it's always best to look it up on the internet HERE
Always search under the international variety name. For example the rose Jean de la Fontaine from Meilland has the international name of MEIffable 

Of course no police officer will come to your home when you propagate a valid patented variety but it's about doing what's right. If you can buy the patented variety in a nursery from your country just do the right thing and buy it there. 


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