For plant breeders' rights to be granted, the new variety must meet four criteria under the rules established by UPOV:[2]
- The new plant must be novel, which means that it must not have been previously marketed in the country where rights are applied for.
- The new plant must be distinct from other available varieties.
- The plants must display homogeneity.
- The trait or traits unique to the new variety must be stable so that the plant remains true to type after repeated cycles of propagation.
Sorry but this is complete BS, that's exactly the line of thinking that led pharma and biotech companies to think they were entitled to rob tribal people from their ancestral knowledge. It's tribal people who are the guardian's of biodiversity all over the globe not the biotech companies or preservationists and they do a much better job when they are left to themselves. People May have lost some knowledge but, guess what, it's because scientists and educated people decided on a worldwide ban on the plant and you don't grow the same once you know you can get your head chopped if the police catch you and you don't have access to fancy lightning systemsDon't expect third world farmers to care about biodiversity or preservation. It's the scientists and educated people who are and must do this, as well as educating others.
You can own what you've created, that's it.
Cheers.
Being a "breeder" is more than dusting and selecting, it also includes the usual rigmarole of production, quality control, distribution, marketing, accounting and so on, even having a lawyer....
Just having some plants and a box full of seeds doesn't cut it!
I agree with the first sentence. The rest has nothing to do with breeding. Other than maybe quality control.
It takes time, patience, attention to detail, lots of notes...... And much more. A breeder selects and works towards a vision or goal. Marketing has nothing to do with breeding or plants at all.
Breeders can do all that, or hire someone.
Actually Sam The Skunkman has more than 15 plants with breeders rights. Other people have breeder rights as well on cannabis plants.In properly legal industries (cut flowers, veges etc) people absolutely do have legal claim to intellectual property when it come to plant breeding, and I am talking about the old fashioned selection method.
The only reason cannabis isn't subject to Plant Variety Rights is it's illegality. Not much real breeding going on yet with cannabis, most of it is multi hybrids.
https://en.wikipedia.org/wiki/Plant_breeders'_rights
.Plant breeders' rights (PBR), also known as plant variety rights (PVR), are rights granted to the breeder of a new variety of plant that give the breeder exclusive control over the propagating material (including seed, cuttings, divisions, tissue culture) and harvested material (cut flowers, fruit, foliage) of a new variety for a number of years.
With these rights, the breeder can choose to become the exclusive marketer of the variety, or to license the variety to others. In order to qualify for these exclusive rights, a variety must be new, distinct, uniform and stable. A variety is:
- new if it has not been commercialized for more than one year in the country of protection;
- distinct if it differs from all other known varieties by one or more important botanical characteristics, such as height, maturity, color, etc.;
- uniform if the plant characteristics are consistent from plant to plant within the variety;
- stable if the plant characteristics are genetically fixed and therefore remain the same from generation to generation, or after a cycle of reproduction in the case of hybrid varieties.
True, but more like Skunk #1. According to most of the strains I've seen in Phylyos Galaxy, I don't think they are all that accurate though. I've grown Skunk#1 from a few companies and no 2 plants in a pack let alone the gene pool bred true, so really Phylyos don't exactly know much.Loss of diversity is a long-standing issue, plenty of which involved Americans and Europeans (e.g. Northern Lights x Everything).
?? The Wu-Tang clan is the shit!! Actually some of the few rap artists I like.Wu-Tang is for the children.
People May have lost some knowledge but, guess what, it's because scientists and educated people decided on a worldwide ban on the plant and you don't grow the same once you know you can get your head chopped if the police catch you and you don't have access to fancy lightning systems
And now sorry Hmongs, sorry Bataks we the educated people have upgraded your shitty badly grown strain with total disregard fo the fact your community kept it for generations and now it's ours.
There is a neo- colonialist bias to this debate
It's tribal people who are the guardian's of biodiversity all over the globe not the biotech companies or preservationists and they do a much better job when they are left to themselves.
By the time you've inbred a line far enough that it displays uniform characteristics, and reliably transmits those characteristics through its seeds, haven't you likely bred most of the vigor out of this hypothetical Cannabis variety?