Are flower bred designs trademarked or Copyrighted?

[meanderingemu]

Pardon my ignorance about flowers.  If a upload a picture of a speciality bred flower, is the design "property"?  If i use the name in the description is that a likely a copyrighted or trademarked term and i should marked them as such?  

[MizBrown]

Plants are patented, not copyrighted (not completely sure about trademarks).  The patent protects against unauthorized reproduction of the plant.  You would always be safer with patented plant varieties to mark them as property, and tag them for editorial use only (which is the most likely use of them).   Fair amount about plant patents on line.  The concern is with people reproducing the plants for sale without paying royalties to the patent holder.   A fair among of named varieties and hybrids are well beyond their 30 year patent terms, and a few plants that are sold as hybrids under patent aren't really and will breed true from seed (one tomato variety couldn't be mentioned by name in a book about breeding your own vegetable varieties).   There's even the plant breeder's equivalent of an open  source movement. 

[meanderingemu]

1 minute ago, MizBrown said:

Plants are patented, not copyrighted (not completely sure about trademarks).  The patent protects against unauthorized reproduction of the plant.  You would always be safer with patented plant varieties to mark them as property, and tag them for editorial use only (which is the most likely use of them).   Fair amount about plant patents on line.  The concern is with people reproducing the plants for sale without paying royalties to the patent holder.   A fair among of named varieties and hybrids are well beyond their 30 year patent terms, and a few plants that are sold as hybrids under patent aren't really and will breed true from seed (one tomato variety couldn't be mentioned by name in a book about breeding your own vegetable varieties).   There's even the plant breeder's equivalent of an open  source movement. 

 

 

thank you.