Neko-chan
Lovin' The Homestead
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It has to do with intellectual-property law. Basically, there's no protection, so the competitive advantage of a seed-distribution company is its catalog, selection, and service.Neko-chan said:So, in my search for heirloom seeds, I've noticed something interesting: the companies that do not advertise as heirloom, have some of the same variety of seeds as the heirloom companies.
For instance: Grosse Lisse tomatoes, and Cherokee wax beans. (Both sold by Lost Seed [heirloom] and Yates [not]).
So what does this mean? Do the non heirloom guys just steal the names of the heirlooms, or do you think they really are an heirloom type of veg? I'm just curious if anyone else has encountered this. I suppose the only way to tell would be to save the seeds from the first generation.
It's the modern hybrid seeds that have been trademarked, not the heirlooms. In cases where a seed company developed a particular heirloom variety, there may still be a trademark on the name, but it's impossible to track seed savers so there's no teeth to the name trademark on an OP seed variety because the name doesn't matter, only the viability of the seed. The name only serves to identify it, and people will continue to use the name for convenience.me&thegals said:According to Wikipedia: "An heirloom plant, heirloom variety, or (especially in the UK) heirloom vegetable is a cultivar that was commonly grown during earlier periods in human history, but which is not used in modern large-scale agriculture. Many heirloom vegetables have kept their traits through open pollination, while fruit varieties such as apples have been propagated over the centuries through grafts and cuttings. The trend of growing heirloom plants in gardens has been growing in popularity in North America and Europe over the last decade."
I'm not sure what that would have to do with intellectual property. As heirloom seeds just WERE and were not developed, how could someone fight for the right to name them or claim them as heirloom? Another place mentioned heirloom as non-hybrid and in production for 50 years or more.