Intellectual Property Protection of Pelargoniums

in HortTechnology
Author: Richard Craig1
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  • 1 Professor of Plant Breeding, J. Franklin Styer Professor of Horticultural Botany, Department of Horticulture, The Pennsylvania State University, 16 Tyson Building University Park, PA 16802.

Pelargoniums represent a major floricultural crop in international markets. Intellectual property protection in the form of U.S. plant patents (200 since 1980) and European breeders' rights have been used for asexually propagated Pelargoniun. In addition, the hundreds of F', hybrid seed-reproduced cultivars are protected as trade secrets. International protection through the International Union for the Protection of New Varieties of Plants (UPOV) and the use of utility patents will accelerate breeding efforts; however, issues such as “essentially derived” and the farmer and research exemptions still must be resolved.

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