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SuperSilverHaze

SuperSilverHaze

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squiggly,

I never said it would be easy or fast, just possible.
 
squiggly

squiggly

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squiggly,

I never said it would be easy or fast, just possible.

It's certainly possible.

A few notes, though:

1. Getting a complete DNA sequence for a particular individual is time consuming and expensive. Most of the places that do it would not be willing to even do it for marijuana (yet).

2. Luckily enough, this isn't the path most patented plants take. I'll go back to the Apple trees. While they are clonally propagated and patented, most of the patent protection in these cases is over the names of the varieties themselves. If someone were to grow, for instance, Fuji apples and then sell them as another name--it'd be unlikely that they'd catch a lawsuit. However, if someone grew Fuji apples, or any other variety of apples, and then CALLED them Fuji apples--they'd be in deep shit. It's brand protection their after for the most part. I imagine we'll end up in a similar place with pot ultimately--unless we're talking GMO pot, which is totally a thing that is going to happen.

3. In the US, at least, because this stuff is federally illegal I'm not sure that anyone but the feds can even apply for a patent right now. I may be wrong on that, but I'm not sure. You can, however, claim ownership of the names of various varieties.

Assuming the dominoes continue to fall, this will be something to be poised for when they finish falling. Certainly. As for now I'm not sure the expense will be worth it to most folks, but it's definitely something worth looking into deeper with the aid of a lawyer for bigger players among the field.
 
Texas Kid

Texas Kid

Some guy with a light
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iu cant say much, but everything my company provides any is proprietry, genetics, brand names, nute formulas, methods. and if people want toi use them they need a licensing agreement. just like anything else.

None of that is suitable for a process patent or any legal protection what so ever, just because you offer those techniques to others under license really doesn't mean anything in the courts or in a IP defense..your "trademarked" strain names are pretty much all you can defend and all some has to do is change the name..that's it..nute formulas and methods would not likely be suitable for a process patent since the ag industry is really mature so its been done before no matter how proprietary you think it is in house. IP and patent protection is real specific stuff and a license agreement doesn't have anything to do with it at all.
 
med man

med man

Breeder
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hi green in

yes, you have made good points, but i dont care so much about the guy down the block, becuase there arent any.

i care about my contract with my new team. if and when i leave, and i have set the place up from concrete to shipping product, best believe a licensing agreement will be needed to continue.

i suggest doing a bit more research about branding and trademarks. in canada we are now fully legal commercial producers, which includes full on legal trade law.

you are right, med-man brand has been around for 7 years, and i can prove all my ip is mine, so you best believe there will be no one using my trade names. i think you may be confused with patents. patents and trade name/marks are not the same thing.

can i stop someone selling killer pain? no, can i stop someone selling pain killer, you bet i can, and charge for any royalties connected to its sales in canada among other lp's

med-man
 
squiggly

squiggly

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There was a debate on the farm about a year ago, started mostly by myself, in relation to this whole idea of patenting a strain.

One of the sicknesses of the commmunity at large is that it tends to hijack words with a specific legal meaning and use them in way not intended.

One such word is strain.

A group of plants from a single strain are gentically identical to one another (at least in terms of DNA sequence--while expression can vary based on growing conditions and source of the clone).

Unfortunately the word strain has come to mean the whole set of progeny from a particular cross in laymen's terms--but that's not what it means if you were to go out looking for a patent.

As the industry develops around all of this we will eventually get to a spot where a strain means the same thing as its legal definition. Genetically identical individuals being a single strain.

This is why, right now, you can go to every dispensary in just about any country where they exist and buy "Sour Diesel" and while you might end up with something similar--you will not end up with the same experience in every case. In fact each flower you smoke from each dispensary will more than likely be genetically distinct from the next.

In the future, as commericialization grows, this will go the way of the dinosaur. Consumers in the general sense want something to have a name that gives them same exact experience every time. Marlboro Reds. Svedka Cherry Vodka. Coca-cola.

New names will come up for new strains that give this reliable experience to people, and these will be the brands to win out. You're unlikely to find that one such name will be Sour Diesel, for instance, because the brand recognition for a name like that is already muddied quite a bit.

This is something which ultimately can't be avoided. The brands which are first established that someone in Oregon can tell their friend in Florida to try ("Try that super hash double cherry man! You'll love it!") are going to be the brands that ultimately rule the market in the early stages. The only thing keeping this from happening right now is, frankly, lack of federal legalization in the US. Once the final domino falls over in that regard we will QUICKLY move into this future state of things.

I predicted this years ago and it's getting more and more likely with each passing day. It's nothing but simple marketing principles at work.

My hope is that it will be guys like you TK or med man that end up dominating the market this way, and that's why I'm sharing this prediction/suggestion with you. Posture yourselves to be ready to jump on this train fast and early. Otherwise it's going to be guys like Phillip Morris and Monsanto who do the dominating (because they understand the market and legaleese).
 
med man

med man

Breeder
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lol well you guys should start a patenting thread elsehwere

never once did i claim to have patents. patents are not trade marks or brand names lol haha

and licensing is not patenting

does mcdonalds have patents on their burgers? no. do they have tradmarks? yes. big mack is a registered trademark, not a patented burger. i remember burger king released the big king for a time. had the same look and suaces and all, but did they ar could they call it a big mac? no, they couldnt, wanna know why? becuase that is mcd's ip

med-man
 
med man

med man

Breeder
772
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apples and oranges friends

commercial pot is federally regulated in canada. so please dont compare our situation with your situation.

we can't even use seeds as a model to debate, because i am selling bud.

will i be growing other plants from other breeders? maybe? but only under licensing agreements

med-man
 
med man

med man

Breeder
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i also pride myself on being the only corp of its kind in the world, and setting precedence as more markets open up :-)

med-man
 
squiggly

squiggly

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lol well you guys should start a patenting thread elsehwere

never once did i claim to have patents. patents are not trade marks or brand names lol haha

and licensing is not patenting

does mcdonalds have patents on their burgers? no. do they have tradmarks? yes. big mack is a registered trademark, not a patented burger. i remember burger king released the big king for a time. had the same look and suaces and all, but did they ar could they call it a big mac? no, they couldnt, wanna know why? becuase that is mcd's ip

med-man

Oh I get it dude, trademarks are totally different and 100% defendable in this space. I didn't mean to hijack your thread, but rather to offer my two cents because I'd rather see someone like you running the game than Phillip Morris. I think you've got the clout and the mind to do it. Forgive me for being selfish in having that wish for the future.

As far as the federal regulation argument, I definitely see that. What I meant to suggest is that America has a way of corporatizing, consumerizing, and capitalizing on things that don't need to be and often shouldn't be--and that once the other shoe drops in this country it's a sickness that is going to spread throughout the world like a wildfire.

My only interest is in seeing the people worthy of carrying the torch being prepared for that. It's not about lording one country over another--much the opposite in fact. It's a warning about an American failure and illness--and its rather potent and unwanted/unneeded/damaging projection of corporate power-- not a boast about its importance.

For an analogy. I want you to be able to be the Tim Horton's in your country, and to bring that south to us--rather than see the McDonalds of our country come up there and dominate. Again a selfish wish, but a wish for a better future than what we're likely to see without *someone* pushing for it.
 
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Bongo Man

Bongo Man

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HOW DID this thread turn into a prick swingin' contest???
We ALL should be stoked this is starting to happen,not brag about how my "crew" have more whores than yours,and we are further underground,than moles,but,we like to sling shit at the "lucky" ones,syndrome!!!
How 'bout shutting the truck up,and lets just see what unfolds.
I wish the set up all the luck in the world,and can't wait to see it full of goodness,for export!!!
All other BS,can stay at the door...
peace.
 
med man

med man

Breeder
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Oh I get it dude, trademarks are totally different and 100% defendable in this space. I didn't mean to hijack your thread, but rather to offer my two cents because I'd rather see someone like you running the game than Phillip Morris. I think you've got the clout and the mind to do it. Forgive me for being selfish in having that wish for the future.

As far as the federal regulation argument, I definitely see that. What I meant to suggest is that America has a way of corporatizing, consumerizing, and capitalizing on things that don't need to be and often shouldn't be--and that once the other shoe drops in this country it's a sickness that is going to spread throughout the world like a wildfire.

My only interest is in seeing the people worthy of carrying the torch being prepared for that. It's not about lording one country over another--much the opposite in fact. It's a warning about an American failure and illness--and its rather potent and unwanted/unneeded/damaging projection of corporate power-- not a boast about its importance.

For an analogy. I want you to be able to be the Tim Horton's in your country, and to bring that south to us--rather than see the McDonalds of our country come up there and dominate. Again a selfish wish, but a wish for a better future than what we're likely to see without *someone* pushing for it.


hey squiggly

i wasnt tryna complain, condemn or critizise. i just want to make sure we are all on the same page. it just looked like things got side tracked, so didnt want any more confusion.

i havent been gettimg precise questions, so its hard to give precise answers is all.

lost in translataion, thanks for clearing that up for us :-)

med-man
 
med man

med man

Breeder
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hey bong

no cock blocking here lol, just some great posts.

this will be a massive challenge for me, one i am ready for. remember i have a reuptaion to up keep, and noble cuases to continue supporting :-)

med-man
 
kagyu

kagyu

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Med Man... I was the assistant plant breeder for Northrup King in the 80's. We did hand pollinations and field pollinations. I worked with disease resistant forage crops. I see the challenges and opportunities you will have. Your staff will be your extension. Peace brother...
 
Aladeen OG

Aladeen OG

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1. wouldnt the genetic make up be subject to a "background check" as well? i'd be the first in a patent situation to say, "well where did YOU get these?" cause stuff getting passed down the line doesnt qualify as patent material it would have to be techniques.... and he wasnt born with seed in his hand so...

2. patent laws are bullshit, because every country is different and every country recognizes diff shit. patent it in canada, someone in the US will come and "legally" put a hyphen on it or something then boom! legal and okay.

3. with the worlds largest site, i gotta wonder, are they not paying you enough that you actually have to think about shit like that??? you cant take someone biting your style as a compliment when youre at the point of running a COUNTRIES grow??? lol
 
squiggly

squiggly

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1. wouldnt the genetic make up be subject to a "background check" as well? i'd be the first in a patent situation to say, "well where did YOU get these?" cause stuff getting passed down the line doesnt qualify as patent material it would have to be techniques.... and he wasnt born with seed in his hand so...

That's actually a misconception of the law. One good thing Monsanto has done is to make these laws fairly similar across most nations in which they operate. It doesn't matter where you go it, so long as you've created it and have the genetic sequence for it (and/or it has a CLEAR morphological difference--such as with Fuji apples, the example I've been using a lot). That being said, most of what will actually be litigated over in the real sense is probably trademarks/brand names etc. Med man is quite right about that. The trick is that brand recognition comes from having a predictable experience, so the two sort of go hand in hand.

2. patent laws are bullshit, because every country is different and every country recognizes diff shit. patent it in canada, someone in the US will come and "legally" put a hyphen on it or something then boom! legal and okay.
No argument from me there, that's why it's usually prudent to apply for patents/trademarks in multiple countries simultaneously before ever releasing a product or launching a brand.

3. with the worlds largest site, i gotta wonder, are they not paying you enough that you actually have to think about shit like that??? you cant take someone biting your style as a compliment when youre at the point of running a COUNTRIES grow??? lol

Seems to me he IS thinking about stuff like that, judging from his comments.
 
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