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05-29-2014, 11:11 PM | #1 (permalink) |
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Mekong Giant is patented!!!???
Ok, does this apply to all Musa Itinerans? Or just var. xishuangbannaens?
Patent USPP24315 - Musa plant named ‘MeKong Giant’ - Google Patents
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05-29-2014, 11:22 PM | #2 (permalink) |
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Re: Mekong Giant is patented!!!???
I think the name only is patented.
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05-29-2014, 11:23 PM | #3 (permalink) |
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Re: Mekong Giant is patented!!!???
Seems like the name, and clones of that particular plant?
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05-30-2014, 12:01 AM | #4 (permalink) |
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Re: Mekong Giant is patented!!!???
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05-30-2014, 12:41 AM | #5 (permalink) |
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Re: Mekong Giant is patented!!!???
It says that the cultivar Mekong giant differs from the parent plant, so I would think there should not be a problem propagating and selling the parent species, or another like Itinerans Var. Itinerants. And the name would have to be trademarked, to not use it?
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06-01-2014, 06:56 PM | #6 (permalink) |
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Re: Mekong Giant is patented!!!???
I have pointed this out to Brian before, and to others as well, but it falls on deaf ears every time. This is nothing more than Musa itinerans var. itinerans, IMHO. It is not var. xishuangbannaensis, and that can be proven very quickly and easily by cutting one of the petioles and seeing what color the sap is. If it isn't red, it isn't var. xishuangbannaensis. The very fact that it is misnamed probably nullifies the patent on it. Then the other fact that it doesn't differ at all from the variety that it really is, var. itinerans, further makes the case for nullifying it, IMHO.
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06-01-2014, 07:58 PM | #7 (permalink) |
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Re: Mekong Giant is patented!!!???
This kind of reminds me of the Canna Tropicana case. In Europe the Patent was thrown out and it is known as Phasion, or Durban. It being a sport and not purposely crossed, it should be thrown out in the U.S. as well. His claims that Mekong Giant is just a seedling that differed from the parent stock when sown with others should make it null and void.
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06-02-2014, 12:08 PM | #8 (permalink) |
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Re: Mekong Giant is patented!!!???
Frank knows his stuff. I'm with him on this.
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