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"Legalization" leading to monopolies on genetics?

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    "Legalization" leading to monopolies on genetics?

    I'm writing this because recently I was looking for CBG seeds and couldn't find any that didn't come with an agreement to not reproduce the seeds attached to it. This, along with seed producers increasingly only offering feminized or autoflowering seeds, I believe has, and will continue to, restrict the genetics that would otherwise be used as medicine by those who need it from actually having it.

    On the opposite side of the spectrum, one seed producer, "7 East Genetics" also sells their seeds with an agreement attached. Unlike the others, the agreement prohibits the buyer from applying for intellectual property protection for either the plants grown out from their seeds or any seeds made with the plants and that restriction is applied to everyone who uses the genetics downstream of the seed buyer.

    It's a kind of forced "open source" method of keeping the genetics available to as many people as possible.

    I'm starting to think that if enough seed producers don't do what "7 East" is doing, monopolies on certain genetics will be enforced via intellectual property laws by the courts - which will make it tougher for some to get the genetics - and impossible for others who will not be able to afford the price.

    Thoughts?

    #2
    On the large scale, they are all mutts. Even with that, I expect large corporations wit lots of lawyers to try and copyright all the genetics.

    Comment


      #3
      Originally posted by Zeez View Post
      On the large scale, they are all mutts. Even with that, I expect large corporations wit lots of lawyers to try and copyright all the genetics.
      Welcome, Zeev!

      True - they will try to "own" all the genetics. A seed maker finds out they can do that and then purports to own "Chem '91 Skunk VA cut", for example. That's what I'm worried about - them trying to own what has already been sold without a limitation on it. But, I agree, they're "mutts" - so I could care less what they do with their own genetics. It's the ones that have been open source for years, if not decades, that I worry about.

      Comment


        #4
        Originally posted by Crazy Chester View Post
        Welcome, Zeev!

        True - they will try to "own" all the genetics. A seed maker finds out they can do that and then purports to own "Chem '91 Skunk VA cut", for example. That's what I'm worried about - them trying to own what has already been sold without a limitation on it. But, I agree, they're "mutts" - so I could care less what they do with their own genetics. It's the ones that have been open source for years, if not decades, that I worry about.
        The thing is, if they are all mutts then they all have some of everything. Even if corporations could claim specific percentages of landraces, those would still have variations with dominant and recessive genes with different combinations of traits or phenotypes showing up. They would have to genetically engineer their own pure strain. That said, this is America and it's probably allot easier to steal somebody's strain, claim it as their own and hire a bunch of lawyers.

        Comment


          #5
          Originally posted by Crazy Chester View Post
          Welcome, Zeev!

          True - they will try to "own" all the genetics. A seed maker finds out they can do that and then purports to own "Chem '91 Skunk VA cut", for example. That's what I'm worried about - them trying to own what has already been sold without a limitation on it. But, I agree, they're "mutts" - so I could care less what they do with their own genetics. It's the ones that have been open source for years, if not decades, that I worry about.
          Welcome to the free market "legal". Hey we pushed for it. Did anyone think we would be having this convo? Hell no! Capitalism at its best.

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          Comment


            #6
            Originally posted by Switcher56 View Post
            Welcome to the free market "legal". Hey we pushed for it. Did anyone thing we would be having this convo? Hell no! Capitalism at its best.
            Yes - I knew we'd be having this convo. However, I wanted "legal" anyway, because it did mostly what I thought it would do - get rid of draconian sentencing, at least in some states. California law is now: anyone can grow as much as they want, transport as much as they want and sell as much as they want and face only misdemeanors! And, that's if they are caught! But, why would LE waste time on misdemeanors? And even if they did - the DA isn't going to waste the time to prosecute it = null pros discharge without formal charges being brought.

            Sure, the Feds can do their own thing, but, I don't think the US Attorney is going to be interested even in violations of the 100 plant limit - they are looking for thousands of plants and preferably thousands of pounds.

            The risk of growing and selling has gone done in a huge way in California.

            I also predicted "legal" would bring back the black market with a vengeance. That has happened, will continue to happen and will accelerate.

            It's all part of a long term plan for the nuts that run government. I predict that eventually they will tighten up the penal consequences of not being "legal" and eventually go back to the way it was.

            But, that's many years off. Until then, this is the golden age of black market producers - at least in California.

            Originally posted by Zeez View Post
            Even if corporations could claim specific percentages of landraces, those would still have variations with dominant and recessive genes with different combinations of traits or phenotypes showing up. They would have to genetically engineer their own pure strain.
            I hadn't thought of it that way - I've got to think on that one a bit, for sure.

            Comment


              #7
              i think ryan lee talked about that topic on the pot cast.
              first you have to prove your cultivar is unique in order to claim intelectual property rights.
              then if somebody outcrosses it i wonder how much of that 'uniqueness' ,wich will be hard to pinpoint in the first place, will be left.

              Comment


                #8
                Originally posted by zaprjaques View Post
                i think ryan lee talked about that topic on the pot cast.
                first you have to prove your cultivar is unique in order to claim intelectual property rights.
                then if somebody outcrosses it i wonder how much of that 'uniqueness' ,wich will be hard to pinpoint in the first place, will be left.
                Another good point - there's just so many IP issues being worked out with cannabis right now...

                Comment


                  #9
                  In the end it might just be who has the most lawyers and money regardless of genetic likeness.

                  Comment


                    #10
                    Originally posted by Zeez View Post
                    In the end it might just be who has the most lawyers and money regardless of genetic likeness.
                    That's what usually happens, for sure. But, that's what the "open source" licensing of releases of genetics by the breeder/grower would likely prevent. For example, no amount of lawyers has resulted in anyone "owning" the Linux operating system.

                    Comment


                      #11
                      It's an interesting problematic, something that the laws don't cover yet. I'm intrigued to see where these seeds take us.

                      Comment


                        #12
                        Personally, I'm on my way to opening a dispensary, so this gives me one reason more that I need to actually open it. People trying to combine the seeds so that they can have exclusive rights on the product can be a really big problem when the resulted products won't be tested and declared safe anymore, just directly sold on the market. I feel like this is why we need to have enough dispensaries in the city so that people don't feel the need to buy from these sketchy "breeders" that might not be safe to consume from all the transformations the product when through. It's a hard process, that for opening a dispensary, but even a hair shop is hard to open. Thankfully there appear to be more and more sites that help guide you with the process, for example here is a link to an amazing one that I've just found while searching for price tags for such products.

                        Comment


                          #13
                          While the rest of the world lags behind Canada's legalization has gone smoothly. FYI in Canada no one owns a cultivar or if you like the slang a strain. And now you can buy legal seeds like "headband" from different producers. I love 34 street super lemon haze great yield and even better buzz :
                          • Yield: High
                          • THC: 21-26%
                          • CBD: < 1%
                          • Terpenes: 2% +
                          • Flower Period: 10 Weeks
                          • Lineage: Silver Haze X Lemon Skunk
                          Next seeds I'm getting is:

                          ZFPOG NEW!


                          Zkltz X OG X Fruity Pebbles

                          Photoperiod; Feminized

                          Yield: High
                          THC: 23 – 33%
                          CBD: < 1%
                          Terpenes: 3+%
                          Flower Period: 9 weeks
                          Lineage: Zktlz X Fruity Pebbles X OG

                          Or maybe:

                          Chocolate Cake NEW!
                          Double Chocolate X Wedding Cake X Gelato 33
                          Photoperiod; Feminized
                          Yield: High
                          THC: 20 – 27%
                          CBD: < 1%
                          Terpenes: 1.5 – 3%
                          Flower Period: 9 – 10 weeks
                          Lineage: Double Chocolate X Wedding Cake X Gelato 33

                          Not bad cultivars for $50.00 cnd a pop

                          Comment


                            #14
                            Originally posted by Zeez View Post

                            That said, this is America
                            No... this is an international forum on the planet earth.

                            Comment


                              #15
                              In my understanding, no one can patent a plant that is already part of the public domain. As an extension, I seriously doubt that someone could patent a cross of two existing strains, although i am sure someone will try. Add in the global cannabis breeding/pollen chucking market and i would think it near impossible and prohibitably expensive to enforce.

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