Compilers' standpoint
| International guidelines | Plant breeders’ rights and trademarks |
| New taxonomical interpretations | Important reference works |
International guidelines
The nomenclature used in the Lists
of names complies with the international guidelines, as stated in the
"International Code of Botanical Nomenclature" (ICBN; 2000, the so-called Saint
Louis Code) and the "International Code of Nomenclature for Cultivated Plants" (ICNCP
or Cultivated Plant Code; 2004). Especially the latter publication is very
important to this edition of the Lists of names, because it gives guidelines for
the nomenclature of cultivated plants, and it was revised shortly before the new
Lists were published. The ICNCP (2004) gives new guidelines for the definition
and nomenclature of cultivars and cultivar groups (called “groups” in the new
ICNCP), which are followed as much as possible in this List of names. Cultivar
denominations are now only considered to be correct in their original language,
the number of words in a cultivar denomination is no longer limited to three,
the number of syllables is no longer limited to 10 and there are some words that
may no longer be used in cultivar names (e.g. “variety”, “seedling” and
“selection”). On a large number of subjects the code has become much less
restrictive. In the new ICNCP the term cultivar group (or group) has received a
much wider definition, stimulating more frequent use. Cultivar groups can now be
used for classifying cultivars (of Rosa, Rhododendron, Phlox
and Paeonia for example), but they can also be used to indicate
individual plants. That is why some cultivar groups can be found alphabetised
like names within the Lists. There has also been a change in the spelling of
Japanese cultivar names. A macron (overscore) above a vocal is used to indicate
it should be pronounced long, for example the ō in ‘Shōjō-nomura’. The ICNCP
advises to use the Hepburn system to convert Japanese characters into the Roman
alphabet.
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New taxonomical interpretations
Our knowledge of the world’s flora
is still incomplete. New data and a better understanding, for example gained
through DNA research, inevitably have consequences for the classification and
nomenclature. Usually, new interpretations are marked improvements on the old
ones, and are accepted without much resistance by scientists and nurserymen
alike. But it regularly occurs that two or more different interpretations are
equally accepted. This means that sound choices have to be made in determining
preferred names, based, if possible, on the opinion of experts. The Lists of
names indicate names that were not chosen as synonyms, placed between brackets.
The names that were not chosen as preferred names, in this case are not “wrong”
or “invalid”, strictly speaking. In this edition, besides corrections of
spelling mistakes and interchanges of names also many taxonomical changes have
been carried through. The major criteria for acceptance of changes are that they
must be derived from a reliable source, and that the new name is already used
elsewhere, for example by the International Cultivar Registration Authorities (ICRA).
Some changes were already announced in the previous edition (e.g. Thuja
orientalis
®
Platycladus orientalis; Pernettya
®
Gaultheria). Furthermore in the genera Clematis and Rosa
many names have changed, based on the new publications “Clematis Register &
Checklist” and “Modern Roses XI”. The chapter “Name changes of well-known
plants”, elsewhere in this edition, lists the most important changes. The
complete list of name changes can be found on the internet (www.internationalplantnames.com).
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Plant
breeders rights and trademarks - a short introduction
Plant breeders’ rights imply that a
certain cultivar is the legal property of the owner of the rights. Without his
permission in certain countries and regions this protected cultivar may not be
commercially grown. Trademarks do not protect a plant but protect a name. The
trademark may not be used without permission of the owner in certain countries
or regions. These types of protection must be registered with legally recognised
Plant breeders’ rights agencies or trademarks agencies. A plant protected by
Plant breeders’ rights must be given a scientifically correct cultivar name.
This cultivar name must always be used to indicate the plant, and everyone may
freely use it. It is not allowed to use a trademark as the cultivar name of a
plant. Only the cultivar name guarantees the identity of the plant and is
inseparably connected to one cultivar only. This name can always and in all
countries be used to indicate this specific plant. Trademarks and other trade
names are not part of the scientific name of plants, but can be given to plants
for commercial reasons. One cultivar can have several trade names and one trade
name may be used for several cultivars. When using trademarks and trade names
the cultivar name of the plant should always be mentioned as well. This can be
done in different ways (see chapter “User’s guide”)
Plant breeders’ rights and trademarks in the Lists of names
Contrary to previous editions now information is given on protection by Plant breeders’ rights and trademarks in Europe. This is an express wish of the ENA and of many users. The difficulty in providing this information is, that it gets outdated quickly and especially checking trademarks is difficult in practice. Also, protection is not valid everywhere, but only in certain countries or regions. There is also the danger of legal claims by owners of Plant breeders’ rights and trademarks. Advised by ENA, the “European Plant Names Working Group” has chosen not to search actively for information, but to let the owners of the rights send it themselves. Potentially interested owners have been approached by letter. Also press releases have been sent to national and international specialist publications. The symbols for Plant breeders’ rights and trademarks included in this list have been given based on the information provided by the owners. The owners themselves are responsible for this information. A random sample of the received information has been verified. The correctness of this information is not guaranteed and it is certainly not complete. It should always be checked with the official Plant breeders’ rights agencies and trademarks agencies! (See chapter: Main registration agencies of Plant Breeders’ Rights and Trademarks, elsewhere in this edition).
On the Internet page (www.internationalplantnames.com) links can be found to the web sites of the official registration agencies. They can provide information on whether the protection is currently valid and for which countries and regions the protection applies. Sometimes the name or protection status provided by the owners has not been accepted by the editors. For example if the request was to indicate a cultivar name as a protected trademark. Also trade names for which the owner did not indicate the cultivar or cultivars it is used for, were not accepted. Both for Plant breeders’ rights and trademarks in Europe there are no legally recognised symbols to indicate the protected status. For this List symbols have been chosen that are commonly used: PBR for Plant breeders’ rights and ® for trademarks. For certain plants it was impossible to determine whether the only known name was the cultivar name or a trade name. In those cases the name has been listed as a cultivar name. To differentiate between trade names and cultivar names, according to the guidelines of the ICNCP, the trade names have been printed in a different font. At the request of the commercial users trade names and trademarks have been printed in a more prominent font in this edition. Sometimes cultivar names, even years after the introduction of the cultivar, are registered as trademarks, and sometimes the plants are even given a new cultivar name. This type of nomenclature is not allowed by the ICNCP and has been ignored in the Lists of names. Owners of Plant breeders’ rights or trademarks who want to have their protected plant or name included in the Lists, can enter them on the website (www.internationalplantnames.com). These new registrations will be checked and added to the website, and will also be incorporated in the next printed edition of the Lists of names.
The editors of the Lists of names are not responsible for incorrect indications of protection by Plant breeders’ rights or trademarks, nor of lacks of indications. Neither are they responsible for the possibly incorrect orthography of the cultivar names and trademarks involved.
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Important reference works
For the classification of genera
into families there are various views and the nomenclature used is not uniform.
This edition of the Lists of names follows Brummitt (1992): “Vascular Plant
Families and Genera”. This is a change from the previous edition, which followed
Cronquist (1988): "An integrated system of classification of flowering plants".
All family names are derived from the name of the type genus of the family, for
example not Compositae but Asteraceae, named after type genus
Aster. The International Cultivar Registration Authorities have an
internationally accepted status as registrars of existing and new cultivar
names. Their lists, addresses and other information can be found on
www.ishs.org/icra/index.htm. After the
previous edition of the Lists was published several new important publications
and Internet sites have appeared, which have been incorporated now. This was the
case with new publications on Rosa, Taxus, Buxus,
Clematis, Prunus, Hydrangea, Lavandula, Agapanthus
and Anemone. Important recent general reference works are: “The
Plantfinder 2005-2006” and “Handwörterbuch der Pflanzennamen” by Zander (2002).
An updated literature list of major reference works can be found in the back of
this edition.
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