(Epilogue)

by Kenn Alan

Sometimes in our society, people create things they believe will produce better results than Mother Nature.

Take plants for example. Sometimes humans change the makeup of plants in order to make them yield more fruits, vegetables or blooms.

Nature changes plants through evolution in response to the particular changes in their surroundings, which are usually brought about by humans changing their natural surroundings.

Sometimes, I step on toes while investigating and interviewing folks for the articles I write. I only know what to ask because of the information already out there or because of my personal curiosity. In my previous article, I said I would cover genetic modification. I have been asked to not write about that and because it was such a strong request, I will leave that subject alone.

Plant patents are ways to secure a plant breeder’s efforts and, sometimes, lifelong passion of producing a particular plant producing either a desired result in growth or a uniqueness that justifies and personifies that breeder’s personal label.

Some breeders, many of whom are backyard gardeners with a passion for the hobby, pastime and/or art, spend their lives trying to create a plant that does exactly what they want and have never seen before. Some large companies survive on the efforts of these backyard gardeners.

When a backyard gardener produces a plant and doesn’t take shortcuts in the arduous efforts required to actually patent it, there is the issue of marketing and distribution to also consider. Large plant producers can help with this and are successful in bringing the best plants into the limelight.

Let’s suppose you (as a backyard gardener with a passion for roses) produce a rose that is insect-resistant, mildew-resistant, drought-tolerant, cool-hardy and ever-blooming. You present it to a company’s representative who is honorable and ethical, and they offer you a contract to trial the rose and you agree. After the trials, the company is excited to give you a contract to distribute your rose nationwide and you agree. Everything is on the up-and-up and everyone is benefiting from your efforts. You are making modest, but consistent royalties and you are working on other genetics for different colors in your backyard growing operation.

Lorraine buys one of your roses for her mother and gives it to her as a Mother’s Day gift. Her mom is so amazed by the performance of this rose, compared to all of the others, and she wants to have two more to fill in the area seen by everyone who drives by her house. At $39.95 for a 3-gallon size, she really can’t justify spending the money because she is on a limited income.

Lorraine’s mom has been successful in the past in propagating roses. She decides to take a few cuttings and is successful in creating two exact replicas of the one her daughter gave her two years previously.

Lorraine’s mom broke the law. She didn’t sell those roses, but she did profit. She didn’t pay the royalties due to the distributor and breeder, nor did she buy them from a properly licensed retailer who collects local sales taxes.

I have said all that I am willing to say about this subject. What is your opinion?

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