482 



PROTECTION TO THE ORIGINATORS OF VARIETIES. 



This might not prevent the re-naming of the variety 

 by obscure persons, in defiance of the national reg- 

 ister, but those who steal varieties need also to steal 

 the best known name as an advertisement. If this 

 scheme would not entirely overcome risks, it would 

 at least reduce them to a minimum and would result 

 in as thorough protection as could possibly be se- 

 cured by any special law. An organized effort 

 strong enough to effect a registration of plants 

 would find little difficulty in discovering tricksters- 

 The originator should secure a certificate of regis- 

 tration, and the public would very soon learn to buy 

 only of those who hold one. Sale of the right to 

 use the name or trade-mark should be recorded at 

 the office of registration, so that all stock could be 

 traced to its source. This is an imitation of the 

 registration of domestic animals. There is no law 

 to compel one to register an animal, but every 

 breeder knows that it is only through registration 

 that he can advertise, sell and protect blooded stock. 

 And there is no intelligent purchaser who would 

 think of negotiating for such stock without having 

 obtained the testimony of the herd-book. 



To be sure, this plan would not remove the diffi- 

 culties concerning the limitations of varieties, but 

 it would place the definition of varieties upon the 

 experts in charge of the national register, rather 

 than carry it into court. In fact, it would prevent 

 all litigation, for all varieties admitted to the reg- 

 ister would be legitimate, and for all others protec- 

 tion could not be expected. 



The solution of the whole matter is exceedingly 

 simple. Let a register of cultivated plants be in- 

 stituted at the Department of Agriculture. Then 

 let the originator send to the Department a speci- 

 men, description and, perhaps, picture of his nov- 

 elty ; if the variety appears to be a new one, a cer- 

 tificate of registration is issued for it. If the origi- 

 nator chooses to sell his stock to dealers, let the fact 

 be recorded, and a record of transfer be issued to 

 the purchaser. If the originator desires to control 

 the propagation of the variety, he can do so for any 

 length of time by specifications in his contracts 

 with dealers. It is evident that after a variety is 



put upon the retail trade, it becomes public prop- 

 erty, and no statute could further protect it. When 

 a man buys for the purpose of planting, he buys 

 also the privilege of selling the fruit or other com- 

 mercial portion, and this portion is often the very 

 one used for propagation of the particular variety. 

 No law could prevent the propagation of melons 

 and most other vegetables when the varieties are put 

 upon the market, even were there no "common 

 rights " at issue. 



An eastern nurseryman has already secured a 

 copyright upon the name of a new grape. With 

 the aid of a register to record his variety and 

 others, he would be practically secure. In fact, he 

 finds himself secure even now. The register, as we 

 have suggested it, is not a burdensome affair, 

 although objection has been raised to registration 

 for the very reason that it would entail so much ex- 

 pense. A list of American kitchen-garden vegeta- 

 bles, comprising 2,696 entries, is made by a private 

 individual in the "Annals of Horticulture," and the 

 greater part of the work lay in revising the names. 

 And the same volume makes a catalogue of the in- 

 troductions of i88g, which is certainly very nearly 

 complete, comprising 444 entries. These lists are 

 the first attempts yet made toward a registration of 

 plants. If the fuller register is ever made by the 

 Department of Agriculture, descriptions will have 

 to be added, but one clerk could perform all the 

 labor required after existing varieties were entered. 



All this needs no memorial to Congress, no great 

 machinery, no new law. It is in every way feasi- 

 ble and practicable, and no doubt a mere petition to 

 the Secretary of Agriculture by the leading horti- 

 cultural organizations would effect its execution. 

 On the other hand, it is probable that Congress 

 would never pass the laws proposed. If they 

 should exist, they could never be enforced, and they 

 would be so cumbersome, circuitous and tedious as 

 to fall of their own weight ; and it should be borne 

 in mind that all special protection is likely to in- 

 crease prices to such an extent as to greatly lessen 

 its sale or to impose unnecessary burdens upon the 

 planter. L. H. Bailey. 



^ iiun-0 FoUator 0! matfori' of fact ii^ fit onlV 

 for an oIml^ohco in a court of iu^ticc. 



— Sheinstoine. 



