Plant Breeders Rights PBR, what plants are covered?

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

  1. NCFCcrazy

    NCFCcrazy Super Gardener

    Joined:
    May 2, 2012
    Messages:
    331
    Gender:
    Male
    Occupation:
    Bored office monkey
    Location:
    Norwich, Norfolk
    Ratings:
    +1,051
    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)

    Joined:
    Apr 30, 2008
    Messages:
    4,327
    Gender:
    Male
    Occupation:
    Cashier
    Location:
    Isle of Wight
    Ratings:
    +1,337
    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

    Joined:
    Jul 3, 2006
    Messages:
    63,552
    Gender:
    Male
    Occupation:
    Retired - Last Century!!!
    Location:
    Herts/Essex border. Zone 8b
    Ratings:
    +123,950
    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

    Joined:
    May 2, 2012
    Messages:
    331
    Gender:
    Male
    Occupation:
    Bored office monkey
    Location:
    Norwich, Norfolk
    Ratings:
    +1,051
    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

    Joined:
    Jul 3, 2006
    Messages:
    63,552
    Gender:
    Male
    Occupation:
    Retired - Last Century!!!
    Location:
    Herts/Essex border. Zone 8b
    Ratings:
    +123,950
    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)

    Joined:
    Apr 30, 2008
    Messages:
    4,327
    Gender:
    Male
    Occupation:
    Cashier
    Location:
    Isle of Wight
    Ratings:
    +1,337
    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

    Joined:
    Feb 18, 2012
    Messages:
    706
    Location:
    10 miles from the coast in the rainy west
    Ratings:
    +598
    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

    Joined:
    Jul 3, 2006
    Messages:
    63,552
    Gender:
    Male
    Occupation:
    Retired - Last Century!!!
    Location:
    Herts/Essex border. Zone 8b
    Ratings:
    +123,950
    The rules don't stop you from propagating them for yourself and don't cover growing from seed. So you're OK.
     
    • Like Like x 3
    • westwales

      westwales Gardener

      Joined:
      Feb 18, 2012
      Messages:
      706
      Location:
      10 miles from the coast in the rainy west
      Ratings:
      +598
    Loading...

    Share This Page

    1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
      By continuing to use this site, you are consenting to our use of cookies.
      Dismiss Notice