Restrictions on breeding roses.

Can anyone tell me if there are any restrictions on breeding roses? Such as patent rights etc. Thanks, Robyn Swesey

I know of no roses on the market that are transgenic or otherwise are covered by a utility patent, which would forbid the use of them as parents. Otherwise plant patents just offers protection for any rose that is different than another, raised in cultivation and not just found in the wild… and raising seedlings, which are different, does not interfere with the patent of a parental cultivar. Restrictions are in place for some roses as parents by agreeing parties by choice. For instance, I have a number of roses on trial at a nursery and part of the testing agreement is that they won’t use them in breeding during the testing period. Fortunately, there are little, if any, limits on what you can try as parents. The hard part is finding good parents that are fertile and transmit the qualities you are interested in. Sincerely, David

David, Thanks a lot for the info! I appreciate it! Robyn

The use of cultivars for breeding purposes can not be limited by patent rights as is stated in the UPOV convention (art. 15): breeders exception.

For transgenic plants there are some other rules (essential derrived varieties).



Article 15

Exceptions to the Breeder’s Right


[Compulsory exceptions] The breeder’s right shall not extend to


acts done privately and for non-commercial purposes,


acts done for experimental purposes and


acts done for the purpose of breeding other varieties, and, except where the provisions of Article 14(5) apply, acts referred to in Article 14(1) to Article 14(4) in respect of such other varieties.

(see webpage)


Thanks leen. (I did have to look up transgenic) Robyn