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Breeders Rights Naming
a new plant variety
Naming a new plant variety
Under the Plant Breeder's Rights Act 1994, both name and synonym of a plant variety are protected.
A synonym is an additional name which the applicant may also use to commercialise the variety in
Australia. However, acceptable variety name and synonym must comply with section 27 of the Act and
the International Code of Nomenclature for Cultivated Plants 1995 (ICNCP 1995). For the purpose of
this article a reference to a name is also a reference to a synonym.
Proposing a new and original name for a plant variety is not an easy task. It requires a bit of thought and accordingly breeders are frustrated when they can not get the name they want. Here are some simple rules which will help you:
Novelty
Before coining a name for a variety, make sure your proposed name is unique and it cannot be confused either in spelling or pronunciation with another existing one. (ICNCP 1995)
Length
The name should not have more than 10 syllables and no more than 30 characters, excluding spaces and single quotation marks. (ICNCP 1995)
Merit
The name could not be interpreted, as being likely to exaggerate the merits of the cultivar (like 'Best Ever' 'The Greatest', 'Tastiest of All'.) also it should not only be made up of simple descriptive words.(e.g.'Red', 'Giant White', 'Small') (ICNCP 1995)
Punctuation
Do not use any punctuation marks except for an apostrophe, comma, a single exclamation mark, hyphen or full-stop. (ICNCP 1995)
Banned Words
Certain words (or their equivalents in any language) are banned words and they can not be used in the name, these are : cross, hybrid, grex, group, form, maintenance, mutant, seedling, selection, sport, strain, variety (or the plural form of these words in any language) or the words 'improved' or 'transformed'. (ICNCP 1995)
Genus and common name
If your name is a single word, make sure that the word is not the same as that of a genus, whether in botanical Latin or in a modern language. Erica, Daphne, Iris and Veronica happen to be Latin names of genera and are not permitted as cultivar names even though they are personal names as well. Similarly, Rose and Violet are common names of the genera and they too are not permitted. However, such a word may be used in an name of two or more words provided that it does not form the final word ( 'Erica Smith', 'Iris Jones' and 'Rose Queen' are acceptable but 'Queen Rose' is not acceptable) (ICNCP 1995)
Also make sure that your name does not contain the botanical or common name of its genus or the common name of any species in that genus. ( 'Rosa Christmas Rose', 'Potato Jim's Spud' and 'Primula White Cowslip' are not acceptable.) (ICNCP 1995)
Name of natural person or organisation
When the name consists of a name of a natural person living at the time of the application a written consent to the name of the variety will be required from that person . If that person is deceased within 10 years before the application was lodged then a written consent will be required from the legal representative of that person. If the name consists of a name of a corporation or other organisation, then a written consent will be required from that organisation.
UPOV name
If previously filed overseas, the denomination used in the first filing in a UPOV member country should be the official registered name in Australia (if not already in common use in Australia within the same denomination class or a Trade Mark in Australia in respect of live plants, plant cells and plant tissues ). This requirement ensures that the variety is known by the same name worldwide. If you intend to market the variety under another commercial name, a name that is not the UPOV name, include that name in the synonym.
If you have any confusion about a proposed variety name you are advised to
contact the PBR office to check for the acceptability of the name before lodging
an application. Examiners in the PBR office will assist you in this regard.
You are strongly advised to wait until your proposed name has been accepted
by this office before having pot/bag labels and promotional materials printed.
If you are unsure of naming the variety at the time of the application, you
can provide a temporary code name. You may change the code name at any time
before the final granting of PBR by proposing a new acceptable name and paying
a variation fee.
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