via International Betta Congress (IBC)
Official Notice from the Judging Board
05 February 2020
With the advent of GloFish® Bettas coming into the market the IBC is issuing an official policy as to the use of GloFish® Bettas in the IBC and for IBC Shows. Below is the official policy of the use of GloFish®
GLOFISH® FLUORESCENT FISH LICENSE NOTICE
GloFish® fluorescent ornamental fish are intended solely for visual enjoyment as aquarium fish by end-users who have purchased these fish through authorized channels, and not for commercial reproduction. Please note the following important information:
These fish are the subject of various intellectual property rights owned or controlled by GloFish LLC, both in the U.S. and internationally.
GloFish® is a trademark owned by GloFish LLC (Registration No. 3,056,697) and cannot be used in connection with the promotion or sale of any ornamental fish other than authentic GloFish® fluorescent fish, which are exclusively produced by Segrest Farms, Inc. and 5-D Tropical, Inc. for sale on behalf of GloFish LLC.
GloFish® fluorescent fish are covered under one or more of the following United States Patent Numbers: 7,834,239; 7,858,844; 7,700,825; 7,135,613; 7,442,522; 7,537,915; 7,150,979; 7,166,444, 8,153,858; 8,232,450; 8,232,451; 8,378,169; 8,581,023; 8,581,024; 8,581,025; 8,975,467; 8,727,554; and 8,987,546, as well as other pending applications.
Intentional breeding and/or any sale, barter, or trade, of any offspring of GloFish® fluorescent ornamental fish is strictly prohibited.
Notwithstanding the foregoing, production of these fish is permitted for educational use by teachers and students in bona fide educational institutions, provided, however, that any sale, barter, or trade, of the offspring from such reproduction of these fish is strictly prohibited.
Any bag, container, or aquarium holding GloFish® fluorescent fish for resale, other than bags provided to end-users, will be marked with either “GloFish® fluorescent fish”, or “GloFish®”, along with the name of the specific line(s) being held (i.e., Starfire Red®, Electric Green®, Sunburst Orange®, etc.). The IBC will honor all agreements that exist with the GloFish® Betta an end-users. As such.
- GloFish® Bettas are only allowed to be shown in the purchased fish category
- GloFish® Bettas shown in any other class will be automatically disqualified as it is a violation of the user agreement on reproducing the Glo Betta
- GloFish® Bettas are not to be auctioned off at any IBC event so that the IBC does not unintentionally violate the sales policy on Glo Bettas.
- The agreements with the GloFish® Betta manufactures will be honored, and no classes will ever be constructed for GloFish® Bettas unless that class is constructed under the Purchased fish Category at the discretion of the IBC Judging Board.
We at the IBC hope you do understand and honor these agreements. Infractions will be dealt with in an appropriate manner as outlined in the IBC Handbook as needed by the Judging Board and the Executive Board.
Judging Board Chair
Learn more about the new GloFish Betta the recent press release from Spectrum Brands.
I’ve been looking through the patent files, and I can’t find anything for bettas. I’ve found a bunch of different colors of zebrafish, and a few tetras and barbs, but I can’t find any that even mention bettas (funnily enough, they mention gouramis, ricefish, and a few others). I’d assume this means that the bettas are not patented, which I would think would mean that we could breed them freely.
Interesting. I don’t have time to dig into it at the moment, and while neither a lawyer nor a representative of the patent holders in any capacity, I believe the patent probably applies rather broadly to ornamental fish applications rather than just a specific species of fish. Conversely, maybe you stumbled upon something? Or the patent, if specific to Bettas, could be pending…in plant patents they are rather retroactive…e.g. PPAF = Plant Patent Applied For which is a warning sign that IF you propagate this plant, while not currently patented, if it becomes patented you’ll be in hot water nevertheless.
Wow _ when I read the headline, I assumed the IBC had banned them.
Surely, these fish have no place in serious fishkeeping..
These pics are atrocious representation unable to do proper credit not judge an entire subspecies by! My females are more flamboyant and endowed than these, still juvenile too, technically.
Isn’t this a situation where the color®, as well as the “tag” Glowfish®, is where the power of the patent resides??? The species of fish, as in this case, doesn’t have to be listed on an already declared Patent instantly upon their introduction into the market, but can instead be brought into their “fam” of Glowies after the fact, in the form of an addendum?
Personally, I do not feel that this Glowfish ® or any others should have their own categories created specifically for their behalf. I mean look at the two pictures of the example fish. I couldn’t care less about how green or orange or yellow they are glowing when you consider the dreadful body form they are displaying. Who would add something like this to their bloodlines?? Just look at the fins alone and imagine how many generations it would take you just to breed out the misshaped body and just the cadual and dorsal deformities.
Correct me if I am wrong here, but the only time fish looking this bad come home with me is due to my choosing to rescue them and give them a decent life. They have zero value to even the hobbyist that is only just beginning their stroll down genetics lane. lol
I apologize if I am alone in thinking that the only thing they have going for them is their GLOWING personalities. I am not saying that Glowfish ® are ugly… or trying to deminish what these people have done in the least. I am saying that as I perceive them.. they only have ONE Orange color ® that I would be able to look at for very long. Someone should have at least elected to create some less offensive shades before condemning these poor fish into their aqua hellscapes.
who cares they can be sold under a feffent name and they will be bread
I work in the wholesale tropical fish industry. As it has been explained to me, GloFish owns the patent on the actual “process” of introducing the fluorescent protein into the genetic code of the organism; so any species they choose to produce will be automatically covered by that “patented process” for creating GMO fish. The original GFP (green florescent protein) zebra danios were bred for scientific research, hence the loophole for breeding for educational purposes provided that there is no commercial sale of surplus stock. I am no lawyer either and would suggest anyone interested in trying to breed these fish for commercial purposes consult a patent lawyer to see if any other loopholes exist. I have heard that the parent corporation that owns GloFish LLC is fairly swift and brutal at squashing any unauthorized production or distribution of their product, at least here in the US. That being said, it would be very difficult for them to track widespread small hobbyist production and cash sales at fish clubs, etc; just don’t do anything stupid like advertise them for sale on your business website or social media.
Amen! It’s unfortunate that experiments on animals in the past could be very cruel and inhumane; Fortunately we all know “Betta” now, and can still reap the rewards of the progeny born in more enlightened times! I adore my Glo-Fish, I have no red ones but orange with red fin alpha is gorgeous! It’s not nice to mess with mother nature. I happily adapt each environment to the unique personality and needs for Harmony. Selective breeding is wise and minimum interference and hopefully always done for caring reasons not profits. Thanks.
I feel like they want to ban public breeding of these Glofish Bettas to “minimize” the chance of abnormalities since these types of Bettas are massively inbred. But a majority of Glofish Bettas are sold with severe spine defects which causes a poor quality of life. They are sold purely for their vibrant colors. Whoever is breeding these Bettas doesn’t seem to care about the overall health of the fish itself. It’s quite sad. I ended up adopting a Glofish Betta male to rehabilitate him for the depressing, emaciated state he was in. He is yellow and red in color but was sold under the name of “Sunburst Orange” and thankfully only had minor deformities. Although the other Glofish Bettas available in the store which had solid and more vibrant colors all suffered from severe deformities. Most had kinked spines or severely angled heads. I came to later find out that the Glofish Betta I adopted did not glow orange, but instead green. That is not quality selective breeding if they are attempting to breed quality Glofish Bettas for specific colors only.