MANAGING TRADEMARKS AND PLANT VARIETY PROTECTION OF ORNAMENTALS FOR PROFIT

The valuable contributions of breeders and introducers of new plant varieties have been recognized throughout the world and most countries now have laws to protect new varieties and their commercial designations in the marketplace.
Granting exclusive rights to those providing new plants to the public is generally recognized as being in the public interest because it encourages innovation and progress.
Without the possibility of benefitting from new developments, there would be no incentive to innovate and it would be difficult to justify the required investment and effort. Similarly, products that enjoy success and reputation in the marketplace because of their quality and unique characteristics become known to the public by their commercial name.
Exclusive rights to products obtained by plant variety protection and proprietary trademarks benefit both the public and plant owner.
However, to maximize profit and return on investment, plant variety protection and trademark rights should be properly managed.
This article discusses fundamentals of plant variety protection and trademark rights and offers suggestions to develop creative licensing programs.
Carefully structuring lawful licensing programs to take advantage of commercial opportunities enables trademarks and plant variety protection to be managed for profit and increases return on investment in research and development and marketing.

XX International Eucarpia Symposium, Section Ornamentals, Strategies for New Ornamentals – Part I

V.G. Gioia

Plant patents, Breeder’s Rights, License, Licensing, License Agreements and License Restrictions.

https://doi.org/10.17660/ActaHortic.2001.552.25