Online Only: Proven Winners Taking Action Against Illegal Propagators

Occasionally, you’ll read about growers who’ve been caught propagating cuttings illegally. But in many cases, those growers may get away with a slap on the wrist. Proven Winners North America takes a different approach. In the most recent year alone, Proven Winners, through Royalty Administration International (RAI), caught 137 growers illegally propagating its plants. And it is taking even more aggressive steps in the coming year to protect its breeders and the integrity of the industry.

Since 2000, Proven Winners has levied assessments of more than $1 million against illegal propagators. To discourage illegal propagation, Proven Winners recently increased its illegal propagation fine from $1 to $2 per cutting. And RAI, an organization providing patent and royalty enforcement support to Proven Winners North America, flower breeders and other plant marketers, will be increasing the number of grower visits it makes with better territorial management and the hiring of additional field representatives.

Besides paying a fine, growers caught illegally propagating Proven Winners plant varieties must continue to destroy illegally propagated plants in the presence of RAI reps.

“The number of illegal propagators has most likely remained fairly constant over the past few years” says Mark Broxon, executive director of Proven Winners. “However, the number of illegal discoveries has increased because RAI has been adding field reps to better monitor enforcement activities.”

Both Proven Winners’ and RAI’s enforcement activities play a large role in the protection of plant breeders and their rights. Doing this ensures the continued availability of great new plants from breeders to all growers. And this also serves to protect the interests of the majority of growers themselves, who are honest and pay the royalty and marketing fees associated with protected plants.

Most illegal propagators of Proven Winners plants are first-time offenders, Broxon says. Proven Winners has a tiered system of consequences for growers who propagate illegally. If growers pay the penalty and destroy the plant the first time they’re caught, Proven Winners will continue to ship to them. If growers are caught a second time, besides paying the fine and having the illegal plants dumped, they’ll go on an illegal propagator list, and Proven Winners’ propagators automatically stop shipping to them for a minimum of three years. They are also subject to possible legal action.

“In reality, I think you see a lot of people who do learn a lesson,” Broxon says. “But there are no doubt illegal propagators that have not been caught yet.”

RAI cannot visit every greenhouse each year. Sam Rizzi, manager of Royalty Administration International, estimates RAI visits about 2,500 greenhouses per year. Still, that means there’s a chance of growers receiving a visit from an RAI rep, and you would think that chance alone would deter growers from considering the illegal propagation of even a single cutting.

Still, there are growers who continue to circumvent the system despite the consequences. For example, just recently a lawsuit filed about two years ago by Proven Winners against an illegal propagator in Southern Washington was closed out–the fifth illegal propagation lawsuit filed by Proven Winners. In this particular case, the grower admitted to illegal propagation yet refused to pay the fine.

“The interesting thing is this particular grower spent about 10 times more money defending their lawsuit than they could have by paying us the fine we asked for,” Broxon says.

This particular case was, in some sense, an extreme example of illegal propagation, but Proven Winners believes others could follow its example in being more aggressive in their handling of illegal propagators.

“We all need to do the best possible job of protecting the breeder and the honest grower,” Broxon says. “For example, allowing illegal propagators to pay the royalties on illegal material and then allowing them to continue to sell the plants is a bit of a slap on the wrist. And somebody’s going to continue doing it.

“In our case, I think we’re putting teeth into our enforcement program. Two dollars an illegal cutting should be a strong deterrent, and the plant goes into the dumpster if RAI finds it.”

Leave a Reply

More From Varieties...
Combo-at-Youngs-Plant-Farm

December 12, 2017

How to Produce Stunning Combination Containers

It’s easy to produce your own attention-grabbing combos, if you follow this advice from a master combination designer.

Read More
SunStanding-New-Guinea-Impatiens-Dummen-Orange-feature

December 7, 2017

Growing Tips From a Pro for SunStanding New Guinea Impatiens

SunStanding New Guinea impatiens hybrids spruce up the landscape with vibrant blooms that explode with color in both sun and shade areas, and they hold up well in heat and humidity.

Read More
Japan-Airlines-princettia

December 7, 2017

Suntory Pairs Princettia with Several Breast Cancer Awareness Promotions

Suntory Flowers is partnering with several major brands to support breast cancer awareness and fundraising, using its bright-pink Princettia euphorbias as the ideal plant for Pink Ribbon promotions.

Read More
Latest Stories
Combo-at-Youngs-Plant-Farm

December 12, 2017

How to Produce Stunning Combination Containers

It’s easy to produce your own attention-grabbing combos, if you follow this advice from a master combination designer.

Read More
SunStanding-New-Guinea-Impatiens-Dummen-Orange-feature

December 7, 2017

Growing Tips From a Pro for SunStanding New Guinea Impa…

SunStanding New Guinea impatiens hybrids spruce up the landscape with vibrant blooms that explode with color in both sun and shade areas, and they hold up well in heat and humidity.

Read More
Japan-Airlines-princettia

December 7, 2017

Suntory Pairs Princettia with Several Breast Cancer Awa…

Suntory Flowers is partnering with several major brands to support breast cancer awareness and fundraising, using its bright-pink Princettia euphorbias as the ideal plant for Pink Ribbon promotions.

Read More
Brandon-Coker-and-John-Ruter-University-of-Georgia

December 3, 2017

Great Plants for 2018 That Stand Up to Heat and Humidit…

In his latest column, Allan Armitage credits trial managers at the University of Georgia, who have come up with an extensive list of plants that continually outperform others throughout the season.

Read More
Veronicastrum

December 1, 2017

Kelly Norris On How You Can Sell a New Landscape, With …

In his latest column, Kelly Norris says programs like Plant Select deliberately set out to change the market demand for a different palette of plants. Their success should serve as an example for how to authentically connect the gardening experience of a particular region with the supply chain.

Read More
MSU-Annual-Trial-Garden

November 29, 2017

2017 Michigan State University Field Trials Results

Check out the 2017 field trial results for Michigan State University in East Lansing, MI.

Read More
MOBOT-Trial-Gardens

November 27, 2017

2017 Missouri Botanical Garden Field Trial Results

Check out the 2017 field trial results for the Missouri Botanical Garden in St. Louis, MO.

Read More
ISU-Trial-Beds

November 26, 2017

2017 Iowa State University/Reiman Gardens Field Trials …

Check out the 2017 field trials results for Iowa State University/Reiman Gardens in Ames, IA.

Read More
Lucas Greenhouses 2017 Container Trials

November 25, 2017

2017 Lucas Greenhouses Field Trials Results

Check out the 2017 field trial results from Lucas Greenhouses in Monroeville, NJ.

Read More
Upper-garden_Mast-Young

November 24, 2017

2017 Mast Young Plants Field Trials Results

Check out the 2017 field trial results from Mast Young Plants in Grand Rapids, MI.

Read More
Pentas-Graffitti-Lipstick

November 23, 2017

2017 Dallas Arboretum Field Trials Results

Check out the 2017 field trials results for Dallas Arboretum in Dallas, TX.

Read More
Pentas-Lucky-Star-Red

November 22, 2017

2017 Louisiana State University Field Trials Results

Check out the 2017 field trials results Louisiana State University in Hammond, LA.

Read More
Echeveria-First-Lady

November 21, 2017

2017 D.S. Cole Growers Field Trial Results

Check out the 2017 field trial results for D.S. Cole Growers in Loudon, NH.

Read More
Millet-Copper-Prince

November 20, 2017

2017 Colorado State University Field Trial Results

Check out the 2017 field trial results for Colorado State University in Fort Collins, CO.

Read More
Achillea-Ritzy-Ruby

November 19, 2017

2017 Green Leaf Plants Field Trials Results

Check out the 2017 field trials results for Green Leaf Plants in Lancaster, PA.

Read More
Ball-Bed-with-Midnight-Snack-tomato_Cornell

November 18, 2017

2017 Cornell University Field Trials Results

Check out the 2017 field trials results for Cornell University in Ithaca, NY.

Read More
Pepper Cayenne ‘Red Ember’ (Johnny’s Selected Seeds)

November 17, 2017

Presenting All-America Selections’ Latest Round of Awar…

All-America Selections has announced the latest round of its award-winning varieties, each of which was trialed throughout North America by professional, independent, volunteer judges.

Read More
Eason-New-Calibrachoa-Hi-Graft

November 14, 2017

Eason Horticultural Resources Introduces New Decorative…

Created by Hishtil Nursery in Israel, the new decorative forms of calibrachoa feature an 8- to 12-inch stem and come in four colors of calibrachoa blooms on top.

Read More