Defense against illegal reproduction of legally protected varieties
Fleuroselect represents its members who are breeders and producers of young plant material. These companies sell starting material either as unrooted or rooted cuttings to growers who then produce final plants for selling in garden centres, markets, DIY stores etc. Many cuttings passing through these nurseries are of varieties which are legally protected by Plant Breeders rights, intellectual property rights for the plant business. In this case, each cutting sold carries a royalty fee which is paid to the breeder. Without this fee, breeders are unable to fund the extensive R&D needed to bring new and innovative varieties to the market.
Due to the nature of the production of plants from cuttings, it is possible for material (tip cuttings) to be removed from the growing plant and be re-planted, thus producing an additional new plant. Unless this is approved by the Breeder/producer and a Royalty is paid, this is illegal.
Fleuroselect executes an annual campaign to monitor and check for any illegal reproduction. Fleuroselect’s partner Royalty Administration International (RAI) visits growers to check if the number of finished plants matches the quantities of the original cuttings delivered. The growers visited are chosen annually at random.
It is in the interest of all in the production and distribution chain that only plants for which the Royalties have been paid reach the market place. Growers respecting intellectual property welcome the campaign as it creates a fair playing field. Moreover, the final consumer has a right buy to plants which are legally produced.
To this end and in order to support its ongoing campaign, Fleuroselect breeders have created a whistle blower tip line where suspected illegal reproduction can be reported. Anyone active in plant production and distribution is welcome to use this tip line.
What to do if you suspect illegal reproduction:
1. You can call our dedicated tip line phone on 0031 85 0645251 and report your suspicion
2. You can send an email to our tip line firstname.lastname@example.org
3. You can complete the form below
What we do with your tips:
1. All tips are considered highly confidential and are collected by the Fleuroselect Secretariat. The name of the person providing the tip is never revealed.
2. The tips are screened and passed to our partner Royalty Administration International (RAI).
3. RAI carries out a visit to the reported offender as part of the regular campaign. No mention is made that the visit is related to a tip. RAI is entitled to visit the production location or nursery at any time.
4. If upon inspection accompanied by the relevant delivery information, it appears that the reported potential offender has indeed re-produced materially illegally, then they will be charged the Royalty Fees plus a fine.
5. The whistle blower will receive notification that a visit has been made. It is not the intention of the activity that the whistle blower is informed of the outcome of the visit. By reporting a potential misdemeanour, the whistle blower is contributing to an industry-regulated market place which benefits all.