Patents on food crops, even genetically engineered ones, are evil. ALL our staple food crops and most non staples are genetically engineered by millennia of cultivation and selective breeding; CRISPR is just a fancy mechanism for what we’ve always done to food.
Regulations that prevent farmers from selling food that is safe, are evil. It doesn’t matter how well intentioned the regulation is.
Any government functionary that tries to prevent a farmer from selling safe food, is doing evil. Any lawyer that tries to prevent a farmer from selling food, is doing evil. Any court that enjoins a farmer from selling safe food, is doing evil. If the farmer is found to have violated some IP claim, then the proper remedy is monetary damages after the fact, not enjoined before the fact.
I am not a lawyer, but my understanding is that plant breeders who develop a new cultivar or variety are generally awarded seven years of exclusivity on registration, which seems reasonable to me. For fruit trees that take 3-6 years to become productive, you could make a good argument for perhaps doubling that time.
In fact, I think a lot of IP law would be better if it resembled this arrangement more closely, in that it would incentivise the actual author, developer, inventor, etc to be rewarded for their work without letting people who had no connection to that work to collect rent for decades or centuries thereafter, long after those people have moved on or died. Walt's grandkids should not still be collecting rents directly from his work.
Extending these rights on plants via patent law is ridiculous on its face to me for all the reasons you've already listed, and should be thwarted at every turn. Using a tool that someone else invented to tweak a species that has existed since before civilisation, and which has been improved throughout civilisation is no more a new invention than changing your irrigation and fertilisation timing to improve yield. It doesn't deserve a patent.
Genetic engineering isn’t the same as selective breeding and I’m sure you know this. Confusing the two is shilly, even if you’re not a paid propagandist people will rightly assume you are if you try to confuse well defined terms like you just did.
> In its court filings, Giumarra says all rights to the Monalise variety are owned by Star Fruits Diffusion, a French company that works with plant breeding programs, while Giumarra holds the right to sublicense the variety for testing, production and sale.
> French company
Enough said. This US admin will nuke that agreement instantly. If it was a fellow American company, let it pass.
regardless of how the contract is structured, no contract should allow or force a producer to throw products away. this is similar to a law in the EU that forbids producers or distributors of clothing to destroy products they don't want to sell.
once you plant a tree to grow fruit you should be allowed to keep harvesting that tree until its natural end. if there is an exclusive contract then the contract must not be allowed to be terminated before that end unless the grower is free to sell on the open market after termination.
anything else would allow patent owners to hold growers hostage
̶l̶i̶k̶e̶ ̶i̶n̶ ̶t̶h̶i̶s̶ ̶s̶t̶o̶r̶y̶ ̶h̶e̶r̶e̶.̶
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[ 3.3 ms ] story [ 40.1 ms ] thread>[...] Fruit patents are becoming more common
this is unbelievably stupid. no company should have rights or patents over a variety of food.
Regulations that prevent farmers from selling food that is safe, are evil. It doesn’t matter how well intentioned the regulation is.
Any government functionary that tries to prevent a farmer from selling safe food, is doing evil. Any lawyer that tries to prevent a farmer from selling food, is doing evil. Any court that enjoins a farmer from selling safe food, is doing evil. If the farmer is found to have violated some IP claim, then the proper remedy is monetary damages after the fact, not enjoined before the fact.
In fact, I think a lot of IP law would be better if it resembled this arrangement more closely, in that it would incentivise the actual author, developer, inventor, etc to be rewarded for their work without letting people who had no connection to that work to collect rent for decades or centuries thereafter, long after those people have moved on or died. Walt's grandkids should not still be collecting rents directly from his work.
Extending these rights on plants via patent law is ridiculous on its face to me for all the reasons you've already listed, and should be thwarted at every turn. Using a tool that someone else invented to tweak a species that has existed since before civilisation, and which has been improved throughout civilisation is no more a new invention than changing your irrigation and fertilisation timing to improve yield. It doesn't deserve a patent.
Whether or not that's the case, I'll leave to others to argue.
> French company
Enough said. This US admin will nuke that agreement instantly. If it was a fellow American company, let it pass.
once you plant a tree to grow fruit you should be allowed to keep harvesting that tree until its natural end. if there is an exclusive contract then the contract must not be allowed to be terminated before that end unless the grower is free to sell on the open market after termination.
anything else would allow patent owners to hold growers hostage ̶l̶i̶k̶e̶ ̶i̶n̶ ̶t̶h̶i̶s̶ ̶s̶t̶o̶r̶y̶ ̶h̶e̶r̶e̶.̶
Can it have value for the purposes of a donation if you can't sell it? Would taking a tax deduction trigger a patent liability?