§ LORD LUCAS OF CHILWORTHMy Lords, I beg to ask the second Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government if they will consider amending the patent laws so as to include living plants and thereby give protection and encouragement to British hybridists and raisers of new plant varieties, particularly roses; at the same time ensuring a flow of foreign currency to this country, which is at present lost.]
THE JOINT PARLIAMENTARY SECRETARY, MINISTRY OF AGRICULTURE, FISHERIES AND FOOD (EARL ST. ALDWYN)My Lords, the problem of protecting and encouraging the raisers of new varieties of plants, whether by plant patents or by other means, is about to be studied in all its aspects by the Committee on Transactions 988 in Seeds. Any recommendations the Committee may make will be given careful consideration.
VISCOUNT ELIBANKMy Lords, may I ask the noble Earl whether he is aware that, quite apart from the difficulties involved, there are many of us in this nation of gardeners who do not desire to see unnecessary artificial obstacles placed in the way of the freest possible exchange of knowledge and gardening products amongst gardening enthusiasts all over the world?
§ THE EARL OF SWINTONMy Lords, could the noble Earl say whether the law in the Netherlands, where a great deal of interesting experimental work on the production of new types is in operation, is the same as the law in this country? If the noble Earl is not able to reply to that, will he see that this inquiry which he says is about to take place considers in particular what is the practice in the Netherlands?
EARL ST. ALDWYNMy Lords, if I may, I will reply to the question of the noble Earl, Lord Swinton, first. I am afraid I cannot give him at the moment the comparable position in the Netherlands, but I can assure him that the Committee will be considering what is the practice not only in the Netherlands but in other countries as well. I fully appreciate that opinion is by no means unanimous on this matter. That point, of course, will be borne fully in mind.
§ LORD LUCAS OF CHILWORTHI am grateful to the noble Earl for what he has said. May I have the temerity to answer the question asked by the noble Earl, Lord Swinton?
§ LORD LUCAS OF CHILWORTHThen perhaps I may ask the noble Earl whether he is aware that the only country of prominent plant-raisers in the world that does not protect its raisers of rare species and new varieties is this country. The Netherlands have a patent law which applies, and so have America; hence the present incongruity. May I further ask the noble Earl whether he is aware that this country suffers from a great disadvantage which is well illustrated by the fact that an American hybrid rose is now on sale in this country—a beautiful rose 989 with a beautiful name: "Queen Elizabeth"?
VISCOUNT ELIBANKMy Lords, is the noble Earl aware that there are far fewer rose-growers in the United States than there are in this country?
§ LORD LUCAS OF CHILWORTHThere are not.
EARL ST. ALDWYNI think it will be obvious from what has been said in this House to-day that opinions on this matter are by no means unanimous. The amount of evidence which will have to be taken by the Committee is considerable, and their deliberations, I am afraid, may take some time.