D.muscipula 'red form' patent attempt

Rick Walker (walker@cutter.hpl.hp.com)
Tue, 19 Apr 1994 18:00:49 -0700

------- Forwarded Message

> From: Michael Talbot <michaelt@slsa.sa.gov.au>
> Subject: All Red VFT intention to object
> To: walker@opus.hpl.hp.com
> Date: Wed, 20 Apr 94 10:08:59 CST
> Cc: michaelt@ferrari.slsa.sa.gov.au
> Mailer: Elm [revision: 66.25]

Dear Rick and Barry

I am sending you two electronic mail messages of which this is the
first. I am seeking your help and assistance in the following matter
discussed in the copy of the Notice of Intention to Object. Would you
please post these messages to the electronic discussion group on
carnivorous plants and any other interested people or discussion groups.
I require the information well before 1 June 1994 which is the final
date to lodge an objection.

Richard Davion (Tilbrooke)
GPO Box 248
Adelaide SA 5001

Telephone: 0011 61 8 2705878 (at any time day or night)

Fax: Important faxes only may be sent to my GPO box via the GPO fax
number: 0011 61 8 2127720. The cost to me for doing this is $5.00 plus
$1.00 for every additional page -- so please use this service sparingly
or ring me beforehand so I can judge if it is necessary to do this.

Message for re-posting follows:
- -------------------------------------------------------------------------

Mr. R.D. Tilbrooke
G.P.O. Box 248

Telephone: (08) 270 5878 or (08) 362 7370 Message

17 April 1994

The Registrar
Plant Variety Rights Office
Bureau of Rural Science
G.P.O. Box 858

Dear Sir or Madam,


It has come to my attention through the last two issues of The
Australian Carnivorous Plant Society Bulletin - Vol. 12, No. 4,
December 1993 and Vol. 13, No. 1 March 1994 that Mr. Geoffrey
Mansell formerly of G. & G. Carnivors, Gin Gin, Queensland has
applied to your organisation for a Grant of Plant Variety Rights on
an "All Red Form" of the Venus Fly Trap (Dionaea muscipula).

I have been involved in the field of Carnivorous Plants for the past
20 years and believe that the proposed plant offered for
provisional protection under The Plant Varieties Act 1987 is none
other than one of the natural varieties that have been and are still
being grown here and overseas as either the "Purple Fly Trap" or
as they have come to be known in recent years "The All Red
The Title "The All Red Form" is a misnomer for two main
reasons. Firstly a number of naturally "All Red" varieties exist in
Australia and overseas originating as chance rhizomes collected
from North Carolina or as chance seedlings produced in
cultivation and ranging in colour from very dark red varieties
known as "Black" through "Burgundy" to the "Blood-Red" forms.
Secondly the plants only remain totally "Coloured" at certain
times of the year and if grown in low nitrogen soil mixtures. All the
evidence accumulated so far indicates that the all red form arose
as a natural variant in the United States and was imported into
Australia as such and has since been disseminated through the
carnivorous plant growers community. I have so far been able to
trace parts of this process of dissemination through many
members of the Victorian and New South Wales plant societies
and have discovered a link from an original import made in the
early 1980s by a Mr. Steven Jackson through to Mr. Geoffrey
Roberts, formerly of G. & G. Carnivors, one of the original

Since public notice appeared in the March 1994 edition of the
Australian Carnivorous Plant Society Bulletin I have investigated
the situation and now believe that a new period of review
began on December the 1st, 1993.
(Section 20 (1) - variation to original application, name of original
applicants changed from G. & G. Carnivors, Gin Gin Queensland
to Geoffrey Mansell, Gin Gin Queensland - application No.
93/069 "Royal Red")

I hereby give notice that I intend to formally object to this
application before the new period of review expires on June the
1st 1994.

To help me with my objection I will need a copy of the original
application at least two weeks before the period of review
expires so that I may be fully informed of the grounds upon which
the application is based and to enable lodgement of the
objection by the due date. Accordingly a money order for the sum
of $70 has been made out to "The Collector of Public Monies"
and sent via certified mail to the following address:

Plant Variety Rights Office
GPO Box 858

in accordance with the instructions laid down in the Plant
Varieties Journals to date.

Yours sincerely,

Mr. R.D. Tilbrooke

------- End of Forwarded Message