PS,,, do not under-estimate the line you hold because of my thoughts on that for the other side of it is that this is one of the more valuable lines ever proffered.. from blue cheese to blue dream and i can go on and on,, it dominates the top epsilon quite often and i hope i am not speaking out of turn but i could never imagine dj being bummed if you breed with it in a hybrid way,, but yeah forget about owing any allegiance to some dutch co that let him crash on their couch for a spell the line is dj's if any is and it is in our minds and that is what matters in the end lest you have something better than the thinking these other thieves have offered so far..
In Canada the first step to claiming a plant is your unique creation is to file for "plant breeders rights" this is the first step to obtaining a patent
cannabis does apply they will ask what is unique about your cultivar it has to be pretty unique and hold very specific traits that make it unique from other cultivars .
They will ask you how and where you bred it what plants or cultivars contributed to its creation .
Its a long list of questions , I am not going to get too detailed but one of our applications involves a line that imparts a specific quality on every plant we have crossed it to either male to female or Female to female .
Its a obvious alteration to the cultivar it imparts the change on anything from rudderallis to haze .
That is a example of a plant that could qualify for breeders rights ,
Charles
Well in the near future what applies to the horticulture industry will apply to Cannabis,
In Horticulture you have 2 types of plant protect, TradeMark or Patent, sometimes you can have a plant that is TM but not patented, TM is more or less the Name of the plant, so if you have a TM on a plant but not a patent then someone can grow that same plant they just have to use a different TM, on the other hand if you have a Patent then know one can grow that plant(with out permission).
You cannot just grab a plant from the wild that is rare(say a mutation in the wild) and patent it, you need to develop the plant in a nursery then you need to apply for the patent, takes a lot of time and money and you are not promised to get it.
Roses for example need to be sent to France to be inspected and a whole bunch of BS paper work and fees in order to obtain the right to name a rose and own the patent on it.
You have to prove how you developed the product from start to finish and you have to be able to reproduce the process.
Cannabis seeing as it has been the in the black for so long you need to pay homage to the guys who laid it down before you, but the bottom line is if you took a strain and breed it out and do your work and spend the time to improve it or completely change it, then you can call it your own to a degree.
Hopefully in the near future people can License their strains so they can sell cuts and get the recognition they deserve.
I do know of a guy in Canada and a strain that was granted rights "Big C" never tried it yet, not sure if he has brought any of this bud to market through an LP.
http://www.inspection.gc.ca/english/plaveg/pbrpov/cropreport/mari/app00009453e.shtml
Hopefully my info has helped someone. Peace.
You have to prove how you developed the product from start to finish and you have to be able to reproduce the process.