Plant Breeders Rights PBR, what plants are covered?

Discussion in 'General Gardening Discussion' started by NCFCcrazy, May 4, 2012.

  1. NCFCcrazy

    NCFCcrazy Super Gardener

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    Does anyone know whether there is a list or where I can get hold of a list of plants that are covered by PBR? I would have though that this information would be easy to find but I'm really struggling.

    I recenty brought a plant from a nursery that was not a bred variety, but a species. I would have thought that species could not be covered by PBR, its not like any plant breeders have bred them.. Its seems that many plant labels state this but its not in fact true.
     
  2. Aesculus

    Aesculus Bureaucrat 34 (Admin)

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    This is the organisation who you have to register new cultivars with http://www.ishs.org/sci/icra.htm I don't know much about plants breeders rights other than a species cannot be protected, now a species which has been grown on and propagated by an individual and then they select a particularly nice form then they can then register that as a cultivar

    if that makes sense? :redface:
     
  3. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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    What is it you want to do? Do you want to sell them or do you want to propagate them for your own use?
     
  4. NCFCcrazy

    NCFCcrazy Super Gardener

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    I have masses of surplus plants and want to sell them (to raise funds for more) but dont want to fall foul of PBR.
     
  5. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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    I think it depends on how much your surplus is, who you sell them to and what name you sell them under.

    Did you propagate them yourself?
    If so, what form did the propagation take? Cuttings, roots, dividing, seed etc. They all play a role in whether the person who has the PBR (if anyone) will be interested in whether you sell them or not.

    We propagate thousands of plants and sell them for charity. Most are either names that would not come under a licence, have not necessarily been propagated to breed true or are ones that the breeder would not be interested in if they are sold for charity or in non-commercial circumstances.
     
  6. Aesculus

    Aesculus Bureaucrat 34 (Admin)

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    or if you are unsure then do not give a cultivar name at all just say they are genus species 'unknown cultivar' if your worried
     
  7. westwales

    westwales Gardener

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    I've often wondered about this as I have a Pulmonaria which said on the label when I bought it that it had PBR and could not be propagated. Has anyone ever tried stopping a Pulmonaria from propagating???? I have loads of Pulmonaria in my garden which have self seeded and crossed with each other, I have no idea whether the PBR one is now a parent but I'm sure it must be.
     
  8. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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    The rules don't stop you from propagating them for yourself and don't cover growing from seed. So you're OK.
     
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    • westwales

      westwales Gardener

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