No, you have to patent it, BEFORE you release it. :)
ABADS
LOL Desert_rose...............
yes, it's a shame that this is causing so much division. But the president of abads was banned from the most popular brug forum on the web.
I don't think this is a toasty thread at all. We all just want to get the best information we can and I'm one that is interested. I think Tonny has covered it very well. I guess once you send out that first cutting, it can all be history if the receiver decides to do something different with the cutting. Well, when I grow up my seeds, if they will grow, I'll have the fun of starting them and then enjoyment from seeing the first bloom will be my biggest thrill. If it is something really great, I'd probably not send out cuttings the first year, but who knows. Might catch me on a good day. :-)
Tonny thanks soooo much for that info. Do you want us to set up a collection to make you a millionaire? I'll put in the first dollar to help then patent to your little brugs content!.....grin. Where is Abultion? Can she help us with info on a patent? Bruno--yah got anything--- I need to get "trashed" after causing this mess. Kell--Bring what into the hen house? U gotta love kell.
These are all great questions. Desert-Rose, i think a local could be tons and tons of fun. and yes, europe has a big edge on the brugs, and Monika is a famous hybridizer.
This message was edited Sunday, Nov 24th 9:08 PM
Brugie Thanks you made me feel better. I really just wanted some help. Any other Texans want to start up a brug club?
Shucks...I have to got to work......... but I really think we should get Miss Harding in here to explain all the ins and outs to us......she was the one that was smart enough to go after this plum and I am sure she did it for a good reason!! LOL
and I think the fox has been already in the hen house and ate all the hens without leaving even a drop of blood!!! LOL
Plum? I thought this about brugs
ms kell, he who laughes last.......
No, its goodsometimes to get things up and turn. :)
ICRA stands for International Cultivar Registration Authorities. Their merit is the gathering of information of all known hybrids and their main concern is the taxonomy and nomenclature of cultivated plants.
http://www.ishs.org/icra/index.htm
Plant Patents and everything that have to do with "copyrights" of your own creations are here:
http://www.uspto.gov/web/offices/pac/plant/#4
Here:
http://www.pvr.govt.nz/
and for Europe - among other links - here:
http://www.cpvo.fr/en/Default.html
My objective is not, what anyone should think about the ABADS. That is a private matter. Please understand this in the best way. :) I simply state, how things work. :) *lol*
Back at yah Tonny...LOL
Kell, I agree. Mrs. Harding should be invited to explain. However, I don`t see, how the formal rights to make a nomenclatural list would be any plum. Its just the rights to make a written mirror reflection of things that is.
Its like, if I started to dscribe my wrist watch. Someone could still take my watch and lay it on the table and knock it with a hammer. Its a description, not a protection. The only real juridical protection, where you can direct a lawsuit in a real court, is a real plant patent.
This message was edited Thursday, Nov 21st 3:23 PM
or you can protect it be never sharing:) cause anyone can still get it and call it something else. but that's no fun:)
it's all about honor I guess.
lol, Tonny, you made me giggle picturing you and your watch.
This is from the IRCA page - links that Tony posted above.
"WHAT DO I DO WITH MY NEW NAME?
Once you have satisfied yourself that your name is in an acceptable form, register it with the appropriate ICRA. This will cost you little more than time spent filling in a form and sending it off but will help ensure that the name is internationally recognized forever.
The name will have to be published in order to be fixed. You may either publish it yourself, say in your nursery catalogue if you are a nurseryman, or the ICRA concerned will publish it for you in due course if you register the name with them. ICRAs however are placed under no obligation to publish your name within a short period of time and you should realise that your chosen name might be used by someone else for a completely different plant unless you take steps to ensure early publication. If someone else, even if in a different part of the world, publishes your chosen name for a different cultivar in the same genus or other denomination class, you will have to think of another.
Publication of your new name must be in printed or similarly duplicated matter which is distributed to the general public or at least to botanical, agricultural, forestry or horticultural institutions with libraries. Newspapers, gardening or non-technical magazines and similar publications which are not designed to last do not count as publications in this case. Publication on the World Wide Web or on CD-ROM does not count as publication since the pages are not permanent.
Publications must be dated. A new name appearing in a nursery catalogue will not be treated as having been published if that catalogue is not dated at least to the year.
Do not publish more than one name for the same cultivar in the same publication: if you do this none will be considered as having been published in that publication.
It may be that you are registering or publishing a new cultivar name on behalf of someone else or that you are promoting a new name for a cultivar raised by someone else. Check that the originator of the cultivar agrees with the proposed name (and its spelling) that you are promoting; if the originator does not, the name may have to be rejected later in favour of the originator's choice.
When you publish a new cultivar name, you must include a description of the cultivar. The longer and more complete the description the better, but at least state its obvious characteristics and if you can, state how it differs from an existing cultivar. It is helpful, but not compulsory, to provide an informative illustration of the new cultivar in the publication if expense permits.
Make a statement such as "new cultivar name" (not just "new" or "new cultivar") after the proposed name so that others may recognize the fact that you have deliberately published a new name for the first time. If you regularly publish new cultivar names, it would be most advantageous to list any new names appearing in your publication in a single place in that publication.
HOW CAN I PROTECT MY NEW NAME?
Send a copy of your publication to the ICRA and to the main horticultural libraries in your part of the world. If you are feeling generous, send copies to similar libraries in other parts of the world too.
If you can, distribute herbarium specimens (Standards) of the new cultivar to as many herbaria as is practical but certainly to your nearest herbarium which specializes in maintaining Standards (a list is provided in Appendix VI of the Code), This will help ensure that your cultivar will not become confused with others in the future and may help resolve disputes if more than one person thinks they have raised the same cultivar!
Finally, ensure that the name is used by everyone and do not encourage others to coin trade-designations or other selling names for your plant. The most effective way to protect a name is to label your plants clearly and unambiguously. Always maintain "your" cultivar epithet within single quotation marks to ensure that the status of your plant is understood."
Guess what....I am never, never ever gonna name a brug again! I just don't need all the hassle that appears to be coming forth. And I darn sure am not going to spend the bucks to patent anything, much less a flower:) Shame we can't just all get along in this world and enjoy things without someone causing trouble.
And the ONLY people I will ever again share unnamed cuttings with are the ones who sent me the seeds that produced them. They can then do as they wish with them....name them, patent them, throw them in the creek, or whatever:) All these "rules" are turning me off big time!
This message was edited Thursday, Nov 21st 5:47 PM
Ditto Owen! I'll mail you seeds from the babies you sent me--- no strings attached. You can be the bouncer at our Texas brug meetings if you want. Sounds like I'm going to need one. Refinancing my house & doing my taxes is easier.
Said in confidence, Sue, I look for an alternative to verify new hybrids.
This is from the same website (ICRA):
ICRA Report Sheet
AMERICAN ASSOCIATION OF BOTANICAL GARDENS AND ARBORETA (AABGA)
Registrar: Dr Mark Tebbitt
(among 100`s other genuses:)
Brasenia Schreb.; Bravoa Lex.; Brexia Noronha ex Thouars; Brosimum Sw.; Broussonetia L'Hér. ex Vent.; Brownea Jacq.; Brugmansia Pers.; Bruguiera Sav.; Brunfelsia L.; Brunia Lam.; Brunnichia Banks ex Gaertn.; Bryanthus J. G. Gmel.; Bucida L.;
Maybe they forgot to update their website? I don`t know.
lololol
Smoochie back at you Arlene!
I saw that Tonny. So that means that brugmansias can already be registered under the AABGA? Right? I wonder if Kyle has registered any of his.
So far the current registration link:
http://www.bbg.org/sci/taxonomy/registration.html
Sorry for not replying to your question. It was not my attention to ignore it. :)
I don`t know, if brugmansias already can be registered under the AABGA? Its a closed membership site and I am not member, but a search from their resource center brought up nothing to claryfy the matter. I hope to know more, when I recieve a reply from Dr. Tebbitt. In the meantime I am all questions. :)
LOL at desert_rose:) I agree....taxes do seem easier than brug naming:)
DR and owen, you both had me gut laughing!
I assume that brug names could have been registered prior to ABADS, as a woody ornamental cultivar. I'm sure there were many daylily names registered before the birth of the AMHS. It would help to have a hybridizer with some registered plants help explain all this and the benifits of registering a plant.
INMHO - registering a plant (brug or any other) will get your plant recognized. You won't get rich ... or famous.... but your plant will be known and will be marketed as your hybrid. There are millions of backyard hybridizers out there but very few plants are worthy of registering. Lots of hybridizers hook up with a local nursury who's willing to market their plants for them. Dr.McEwen (my iris hero) has his marketed here through a couple of nursuries. I think a brug register is a good thing. If nothing else it will keep the same plants from being re-named as something else.
sounded like we needed alittle relief--just for the moment ...grin
I must translate it all.
TTYS ( I hope )
GL
Poppysue, I think you said it very well.
Hey Jeanne - did you catch the Royal Botanic Garden in there? Maybe you should see about registering Angelique and see what happens.
Tonny - can you find a similar thing for Europe?
Sorry,
Jeanne please be very carfully in registering Angelique.
GL
Tonny, because.....
GL
Well, I have not read all of this thread yet, but I am so confused all I can say is I am glad I am not into this professionally and I am contemplating discarding all my pods I was so happy to help make so I never have to deal with all of this!!!
It may be a curse to make one that is so beautiful that you covet it to the degree you forget the joy of sharing it with the world and get stuck in this all of this mud!!!
Kell
please do not missunderstand me.
Really please.....
I will tell you and all other brugfriends here at DG´s all I know.
But not Abbads,smile
GL
but ms kell, this is so much fun! honest! do not bother to read, you know you can buy an old car from me! We are happy! We love brugs! Be happy!
Tonny just do it
Smile
GL