Abstract

Intellectual property rights issues relating to horticultural species will be addressed. Some current industry concerns include: 1) importing cut flowers of protected plants which compete directly with the plant patent holder; 2) obtaining adequate protection for newly developed varieties; and 3) providing an incentive for private research to develop new varieties. Different forms of plant protection will be reviewed, including the Plant Patent Act, utility patents, breeder's rights, the Plant Variety Protection Act, contracts, licensing and trade secrets. The role that universities can play in assisting the horticultural industry will also be discussed.

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