Many varieties are being selected through meristem culture. A case in point is with the Russet Norkotah variety of potato. Many clones are reselected for bigger vines and more yield. Those are highly protected lines. Therefore selections within a variety are more important than the original clone. At one time it was near impossible for one to get Norkotah 3, now it is the about the only one some seed producers sell as certified potatoes.
I suspect that many old time varieties of all types of fruits and vegetables will be protected this way. Those who wish to spend the money will control the industry.
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