- 36 * 
©3 : re 
r Che Orchid Review . 
VoL. XXIV. 916. . 283. 
OF JuLy, 1916 No ce, 
lees | OUR NOTE BOOK. 
Ce. question of the Protection of Horticultural Novelties has again 
been raised (Gard. Chron., 1916, i. p. 301). ‘‘ Plant Breeder,” though 
regarding the new R.H.S. Certificate as a step in the right direction, asks 
of what value this new Card of Preliminary Recognition can be, or of the 
numerous Conferences on Nomenclature arranged by the R.H.S., without 
legislation to enforce their recognition ? Again, he asks, is it right that a 
man who has been the medium of bringing into being a beautiful flower 
can reap no legal benefit from his skill or research? The moment such a 
novelty enters the arena of commerce it is reproduced and sold by the 
community because of the absence of machinery to put a stop to what is. 
termed “legal piracy.” And he remarks that the plant-collector who 
searches the world for unknown flowers is placed in exactly the same 
. 
BER 
a) St 
an 
category. 
As a remedy for what is called a “ crying shame,” it is suggested that a. 
bill be placed before Parliament giving the R.H.S. permission to grant 
protection for the selling rights for a number of years of novelties—the 
scheme to be controlled by the Patent Office with the R.H.S. as its advisor, 
and the recipient of such protection to have the usual legal remedy given to- 
_ other commodities in the case of an infringement of their protected rights, 
It is regarded as essential to the granting 
‘‘ Certificate of Distinction” be granted 
‘S. should have absolute power to 
The idea, it is argued, provides a 
and just scheme of protection—it 
the same privilege as is given to, 
viz., an injunction and damages. 
of the proposed protection that a 
to a novelty, and further, that the R.H 
grant or withhold such a Certificate. 
substantial foundation for a rational 
gives to the owner, be he rich or poor, as is 
say, the composer of a piece of music ; the absolute distributing rights for a 
number of years, though the purchaser might retain the existing freedom 
to reproduce the novelty, if he so desire, for his own use and enjoyment 
during the protection period. 
We are asked how far such a scheme could be applied to Orchids, and 
161 
