That's right, *God, Mother nature or any extra-natural force made these pure nepenthes species. However, if a man intervenes creating an unique nep *hybrid such as those nepenthes that Geoff Mansell sells in Australia, well that may be a different story.
Sorry I haven't responded sooner. Was away from computers all weekend!
Here goes. A registered cultivar is not patented. If you have a method to mericlone, as an example, N. 'Lt. Pring'- a properly registered cultivar from 1950, and now very rare in collections-and put that plant into tc- you have the legal right. As far as I know, no one has filed a patent on a Nepenthes-mainly because they have not been successfully mericloned yet.
It's a different situation with Sarracenia. They can be mericloned, and one commercial grower-hybridizer of Sarracenia has patented some of his cultivars. the names are even denoted with a trademark symbol. This means you cannot commercially propagate that cultivar without consent of the owner of the patent. It will also mean paying royalty fees. This includes even selling vegetative propagations (cuttings). It is a book keeping nightmare for commercial rose nurseries.
Now, as for N. ampullaria 'Cantley's Red': it is a cultivar, but not patented. Again, no one has successfully mericloned Nepenthes-even though I hear there's been some breakthroughs recently. All tc Nepenthes are derived from seed. The seed provides the embryo that is used to produce the protocorms (see previous post). No one can patent a species, like N. jaquellineae (pardon the mis-spelling), but say you produced a single plant from a group of seedlings of N. jaq. that has a blue peristome, then you've got a truly unique cultivar, that could be named (let's call it 'Jackie's Blues') and it could be patented, which means if anyone else propagates the plant commercially, they must have your permission, and you would probably want a percentage of the sales -a royalty.
Commercial growers put a lot of money into producing new and unique plants for the horticultural industry. It is their product, and just like any other product, the business needs to make a return on their investment, and hopefully some profit.
Hope this has been helpful.
That answers what I was curious about. Basically I was wondering what the legal difference was between registered cultivar or hybrid and patented plant.
Well, after the "minor" frost damage on some ampullaria -- (Doh!, you guys tried to warn me) -- I'll be hoping for some cultivation miracles myself. *If the cuttings live I plan on growing them, not selling them. *When they take over my growing space, then... I'm dreaming.
Anyway, the wind chill you guys mentioned was a killer to the seriously lowland species. *The ventrata did not like the one plunge down to freezing for a few hours. *It was only covered with a trash bag, as it's attached to the porch. *Everything else was in plastic-covered grow racks. *Nothing really likes cold weather, nepenthes wise. *Some will tolerate it better than others. *
Since then I've added mulch to the bottoms of all the grow racks to keep out the wind totally, and hold in more moisture. *The heat from decay is helpful also. *I've moved everything in an area to maximize the daytime sunlight. *
Overall, nepenthes have proven to be fairly tough. *But, if you don't watch the weather -- even in Florida -- one day of freezing can have some scary results. *I was on vacation for a week. *When I got back someone said, "Did you see the frost the other morning?"
Red spots on leaves are minor windchill damage. *The pitchers dry out and die quicker. *New pitchering drops to almost nothing. *
The "blowtorch effect" you guys mentioned happend on one small albo in a 3" pot I forgot to house with the rest. *Ouch! *That night it never dropped below 45, but the wind just blackened it absolutely dead. *I've learned to be more careful. *Thanks for the tips. *It could have been much worse. *Growing outside requires some trial and error even with good information. *I managed to keep the fatal errors down.