National and Educational Interests. 



119 



"The exclusive propagation and sale-rights for a limited 

 time to originators. — Originators should have the right to offer 

 new varieties for registration with a proposed name, upon the 

 pa3'ment of a fee of , for which he shall be granted an appli- 

 cation certihcate, at any time after the variety has been tested, 

 so as to be satisfied of its valuable qualities, provided the plant 

 has not been disseminated. The originator should give a his- 

 tory of the plant and state the points of excellence upon which 

 he bases the application for exclusive sale-rights. If, after due 

 investigation the plant is accepted, the originator after paying 



an additional sum of , should be granted a certificate which 



would secure to him the exclusive right to propagate and sell 



the same for a term of years, without a right to renewal. 



This would give him sufficient time to prepare stock for mar- 

 ket, and an abundance of time in which to enjoy the exclusive 

 privileges to sell. 



"The author is protected by the copyright laws, the inven- 

 tor by the patent laws, and they certainly deserve no greater 

 recognition than the originator of new and valuable varie- 

 ties of plants. 



"The purchaser of a plant entered under this act should 

 have the right to propagate it for his own use, but not to sell 

 nor disseminate it except by special arrangement with the 

 originator. At the time of purchase he should be furnished 

 with a certificate of purchase by the vendor, who should keep 

 an accurate record of the same as a means of protection to 

 himself and to the purchaser. At any and all times before the 

 expiration of the propagation right the possesor of a plant 

 may be required to show how he came into possession, or hold 

 himself responsible for violation of the law. 



"Protection of this kind would be an incentive to extensive 

 and systematic experimenting, which would, without doubt, 

 result in producing new and valuable varieties. 



" Note. — Even if there was dishonesty and fraud it could not injure the 

 originator to any great extent without risk of detection and punishment, so 

 long as he could not use the official name and number and description 

 under which to advertise the varieties. 



" When a new plant was offered for registration, if the claims of exclusive 

 rights were not good, the plant should be rejected ; thus fraud would be 

 shut off at that point. All good plants being registered and numbered, very 

 few plants could be sold which did not have the official name, number and 

 description found upon the national register. 



