International Code of Nomenclature for Cultivated Plants (ICNCP)
» Clematis alpina 'Ruby' : a cultivar within a species
» Magnolia 'Elizabeth' : a hybrid between at least two species
» Rhododendron boothii Mishmiense Group: a Group name
» Crataegomespilus : a graft-chimaera of Crataegus and Mespilus.
Note that the ICNCP does not regulate trademarks for plants: trademarks are regulated by the law of the land involved. Nor does the ICNCP regulate the naming of plant varieties.
Orchids have a Code of their own that operates within the limits set by the ICNCP.
The need for a comprehensive set of practical, easily understood and internationally acceptable regulations on the naming of cultivated plants has long been evident. The first step in the formulation of the International Code set out below was made in 1862 by Alphonse de Candolle in a letter subsequently placed before the International Horticultural Congress of Brussels, 1864. De Candolle wished to reserve Latin names for species and varieties and to use only non-Latin 'fancy' names such as 'Bijou', 'Rainbow', etc., for garden forms. He suggested that this common, traditional and ancient practice should be made the only practice. The celebrated Capitulare de Villis (A.D. 812) of the Emperor Charlemagne provides an early illustration of such procedure, apples in general being mentioned therein under the Latin name malus; but the kinds distinguished by vernacular names: "malorum nomina; gozmaringa, geroldinga, crevedella". The present-day extensive use of arbitrary names, often those of persons in no way connected with the raising of the plant, seems to have begun in France and the Netherlands in the early seventeenth century. An unprecedented number of diverse new tulips. raised from seed then called for names. It became customary to, name in the same manner new plants of garden origin belonging to other genera.
As a cultivar of a new sub-species (specifically propose or accidental hibridization) some of the questions which has to be kept in mind to follow the norms of ICNCP are:
Do you have a new cultivar?
There are different sorts of cultivar ranging from clones, which should be genetically identical, to tightly controlled seed-raised cultivars such as F1 hybrids. Article 2 of the Code describes some of the different kinds of cultivar.
The only way you can check if your cultivar is new and distinct is by comparing it with existing cultivars. Your new cultivar must be distinguishable from others that exist or have existed.
Remember that cultivar names, by their very definition, are available for all to use and that the names themselves offer no protection if you wish to obtain intellectual property rights on your new cultivar.
How do I form a new cultivar name?
Since 1959, new cultivar epithets must be in a language other than Latin and they must be unique within the so-called denomination class which is usually the genus. A few groups have special denomination classes and these may be found listed in Appendix III of the Code.
Coining a new and original cultivar name is not easy, especially in groups which historically have had hundreds or even thousands of cultivars. Luckily many of these groups have International Cultivar Registration Authorities (ICRAs) who publish checklists and registers of names which are in use or which have been used in the past. You can search in the alphabetic list of genera in these pages to see if the genus of your cultivar is covered by an ICRA and then consult the ICRA's publications or contact the particular ICRA Registrar directly. Registrars will be glad to advise you if your proposed name has been used before and whether or not your name is in an acceptable form.
There have been many other lists of cultivar epithets produced in the past and a fairly comprehensive list of those is given in Appendix XI of the 1995 edition of the Code. This list of Checklists is kept up to date at Delaware State University (USA). Good horticultural and botanical libraries are likely to have copies of many checklists, registers, and other publications for you to check through prior to publishing your proposed name.
Thinking up a cultivar epithet requires a bit of care. An ideal epithet is both easy to spell and pronounce in the various countries through which the cultivar might be distributed. The rules for forming an epithet allow you to use or make up any word or words you want but the epithet will not be allowed as a cultivar epithet if it is confusing or likely to confuse or if it is contrary to the few provisions listed below. The Code governs the reasons why a proposed epithet might not be allowed: epithets not formed in accordance with the Code are to be "rejected".
- The following are some of the Rules to follow when formulating a new name:
- Make sure your proposed name is unique and that the epithet is in a modern language other than Latin. (ICNCP Art. 19.13-19.14)
- Make sure that your name cannot be confused either in spelling or pronunciation with an existing one. (ICNCP Art. 19.15)
- Make sure that your name could not be interpreted as being likely to exaggerate the merits of the cultivar. (Art. 19.26)
- Make sure that the epithet of your name has no more than 10 syllables and no more than 30 characters, excluding spaces and the single quotation marks. (ICNCP Art. 19.15)
- Make sure your epithet does not consist of a single letter or solely of numerals (ICNCP Art. 19.16)
- Do not use any of the following banned words (or their equivalents in any language) in your epithet: "cultivar", "grex", "group", "hybrid", "maintenance", "mixture", "selection", "series", "sport", "strain", "variety" (or the plural form of these words in any language) or the words "improved" or "transformed". (ICNCP Art. 19.19-19.20)
- Do not use any punctuation marks except for the apostrophe, the comma, a single exclamation mark, the hyphen and the full-stop (period). Do not use fractions or symbols unless they are specifically permitted. (ICNCP Art. 19.21-19.22)
- Make sure that your epithet is not, or does not contain, the Latin or common name of its genus or the common name of any species in that genus if use of such might lead to confusion. (ICNCP Art. 19.23-19.24)
- Make sure that publication of the cultivar's name is not against the wishes of its raiser or breeder. (ICNCP Art. 28.4)
- Other Recommendations to bear in mind:
In addition to the Code's Rules for forming a new cultivar name, contravention of which will cause it to be rejected (ICNCP Art. 28.1), the following Recommendations, designed to avoid confusing or misleading buyers of plants, should be followed.
- (a) Epithets should be as short as possible and not difficult to write or pronunce. (ICNCP Rec. 19A.1)
- Avoid epithets that might resemble terms used in the market-place. (ICNCP Rec. 19C.1)
- Avoid epithets only made up of simple descriptive words that are likely to become common adjectives within a group of cultivars within the denomination class. (ICNCP Rec. 19D.1)
- Avoid epithets that might give a false impression as to the attributes of the cultivar. (ICNCP Rec. 19E.1)
- Avoid epithets that imply that the cultivar is derived from another when this is not the case. (ICNCP Rec. 19F.1)
- Avoid epithets that give the false impression as to its raiser, breeder or origins. (ICNCP Rec. 19G.1)
- Further provisions:
You should also bear in mind that if a new cultivar is likely to be registered with a statutory plant registration authority for purposes of e.g., national listing or plant breeders' rights, other conditions are likely to be required before a name (denomination) is approved by the appropriate authority. Each authority has its own rules, but the following additional conditions are often encountered:
- If your epithet contains the name of a living person, make sure you have asked their permission to use their name. (ICNCP Rec. 19B.1)
- Do not incorporate either abbreviations for the names of international organizations that are excluded from trade mark protection by international convention or trademarks themselves in a cultivar name. (cf. ICNCP Art. 28.3)
- Do not use names which might cause offence in the country where a cultivar is to be marketed. (ICNCP Rec. 19.H.1)
What do I do with my new name?
The name will have to be published in order to be fixed. You may either publish it yourself, say in your nursery catalogue if you are a nurseryman, or the ICRA concerned will publish it for you in due course if you register the name with them. ICRAs however are placed under no obligation to publish your name within a short period of time and you should realise that your chosen name might be used by someone else for a completely different plant unless you take steps to ensure early publication. If someone else, even if in a different part of the world, publishes your chosen name for a different cultivar in the same genus or other denomination class, you will have to think of another.
Publication of your new name must be in printed or similarly duplicated matter which is distributed to the general public or at least to botanical, agricultural, forestry or horticultural institutions with libraries. Newspapers, gardening or non-scientific magazines and similar publications which are not designed to last do not count as publications in this case. Publication on the World Wide Web or on CD-ROM does not count as publication since the pages are not permanent.
Publications must be dated. A new name appearing in a nursery catalogue will not be treated as having been published if that catalogue is not dated at least to the year.
Do not publish more than one name for the same cultivar in the same publication: if you do this none will be considered as having been published in that publication.
When you publish a new cultivar name, you must include a description of the cultivar. The longer and more complete the description the better, but at least state its obvious characteristics and if you can, state how it differs from an existing cultivar. It is helpful, but not compulsory, to provide an informative illustration of the new cultivar in the publication if expense permits.
Make a statement such as "new cultivar name" (not just "new" or "new cultivar") after the proposed name so that others may recognize the fact that you have deliberately published a new name for the first time. If you regularly publish new cultivar names, it would be most advantageous to list any new names appearing in your publication in a single place in that publication.
How can I protect my new name?
If you can, distribute material for making nomenclatural standards and other herbarium specimens of the new cultivar to as many herbaria as is practical, especially to the nearest herbarium that specializes in maintaining nomenclatural standards (a list is provided in Appendix IV of the Code), This will help ensure that your cultivar will not become confused with others in the future and may help resolve disputes if more than one person thinks they have raised the same cultivar!
Finally, ensure that the name is used by everyone and do not encourage others to coin trade-designations or other selling names for your plant. The most effective way to protect a name is to label your plants clearly and unambiguously. Always maintain "your" cultivar epithet within single quotation marks to ensure that the status of your plant is understood.
History of ICNCP
This Article was the only one in the International Rules of Botanical Nomenclature adopted at the Botanical Congress of Vienna, 1905, which referred directly to the naming of garden plants. Its inadequacy soon became apparent. Alfred Cogniaux accordingly attempted to supplement the 1905 Article 30 by formulating a set of "regles de nomenclature horticole." To ascertain informed opinion he sent twenty questions on matters of horticultural nomenclature to some forty persons in Belgium, France, Germany, Java, Russia, Switzerland and the United Kingdom whom he judged to be particularly interested and competent. It is no coincidence that the forty included many people interested in the naming of hybrid orchids, for by their quick increase in number these plants now presented the horticultural world with problems of nomenclature somewhat comparable to those which tulips had evoked nearly three centuries earlier.
Meanwhile in the United States parallel efforts to evolve codes of nomenclature for cultivated plants were being made by specialist bodies, notably by the American Pomological Society [The American Pomological Society's original code dates from 1867, but was based on the even earlier 'Rules for American Pomology' agreed in 1847 by the Cincinnati, Massachusetts and Pennsylvania Horticultural Societies and published in Downing's The Horticulturist and Journal of Rural Art 2: 273-275 (1847), 480-431 (1848); cf. Hume, Camellias in America 222 (1946). These 1847 pomological rules, formulated twenty years before the first laws of botanical nomenclature, represent "the first movement made on either side of the Atlantic towards fixed laws of nomenclature", as Downing noted at the time. They anticipated the botanical code by accepting priority of publication as decisive and they chose, moreover, two standard works, one European, the other American, as starting points for the nomenclature of fruits, thus anticipating the 1930 suggestion on which Art. C. 12 of this International Code is based. The essential parts of Art. C. 6-9 and 21 are derived from these 1847 American pomological rules.] and the American Society of Agronomy. For the latter C. R. Ball and J. Allen Clark drew up a code of nomenclature adopted by the Society in November 1917 and published in the Journal of the American Society of Agronomy 9: 425-427 (December 1917), 10: 91-92 (February 1918). The influence of these codes in the United States has been considerable. They have, however, been as little known outside the United States as Cogniaux's "regles de nomenclature horticole" and the "Nomenklaturregeln fur den deutschen Obstbau" (cf. Neue Berliner Gartner Borse 3 nr. 9; 3rd May 1949) have been known in the United States. Generally applicable provisions taken from all these and various other codes produced by specialist bodies were carefully studied and discussed during the preparation of the International Code of Nomenclature for Cultivated Plants given below. This present Code thus has a firm basis in both European and American experience over the last forty years.
An important suggestion made at the 1930 International Horticultural Congress was "that the starting point for nomenclature of horticultural groups should be:
- some recognized horticultural monograph; or
- An ad hoc list of varieties drawn up by a recognized body of specialists in the particular group; or
- where such bodies do not exist, by some recognized society which shall be specially charged with the work.
Such lists should be kept up to date by (b) and (c), and additions periodically published through some recognized medium" (IX Int. Hort. Congr. Rep. 29).
Apart from this the 1930 rules underwent little addition or modification at the International Congresses of Paris (1932), Rome (1935) and Berlin (1938). Rendle died in January 1938. His place as chairman was taken by F. J. Chittenden, while R. Zander became secretary of the Permanent Horticultural Nomenclature Committee, as it was then named. It was reconstituted anew in 1950, with W. T. Stearn (U.K.) as secretary, and since November 1951 has been known officially as the International Committee on Horticultural Nomenclature and Registration and informally as the London Committee. Its re-organization was made necessary by the death of Chittenden in 1950.
Camp (U.S.A.) acted as chairman of this Committee and W. T. Stearn (U.K.) as secretary; the other members were H. H. Allan (New Zealand), B. K. Boom (Netherlands), J. M. Cowan (U.K.), H. P. Daepp (Switzerland), J. E. Dandy (U.K.), J. S. L. Gilmour (U.K.), N. Hylander (Sweden), G. H. M. Lawrence (U.S.A.), H. W. Rickett (U.S.A.), R. C. Rollins (U.S.A.) and F. C. Stern (U.K.). The Committee met regularly for two weeks. Its recommendations were adopted by the Botanical Congress, those relating to hybrids in general being officially passed for addition to the International Code of Botanical Nomenclature (1952), of which they now form Appendix H; those relating to the old Appendix VII (the 1930 rules) were accepted in principle, their final adoption being made conditional on their discussion and approval by a parallel committee of horticulturists acting under the auspices of the International Committee for Horticultural Congresses. Early in 1951 the new draft of the rules resulting from the work at Stockholm was circulated widely. As a result of this publicity, by September 1951 many proposals for its emendation had been received and correlated; to them the secretary added proposals suggested by the study of the Nomenklaturregeln fur den deutschen Obstbau, the Code of the American Pomological Society, etc.
The International Committee on Horticultural Nomenclature and Registration met every day from the 7th to the 13th of September 1952 in joint session with members of the Stockholm Committee for the Nomenclature of Cultivated Plants. These meetings were open to the general public. They were attended by Balfour (U.K.), Boom (Netherlands), C. G. Bowers (U.S.A.), Cowan (U.K.), Cracknell (U.K.), Daepp (Switzerland), Dandy (U.K.), H. Duperrex (Switzerland), S. B. Emsweller (U.S.A.), Gilmour (U.K.), H. J. Grootendorst (Netherlands), A. Guillaumin (France), Hylander (Sweden), Ingwersen (U.K.), H. A. Jones (U.S.A.), Lange (Denmark), A. Lecrenier (Belgium), Maatsch (Germany), J. R. Magness (U.S.A.), Potter (U.K.), H. A. Senn (Canada), Stearn (U.K.), Stern (U.K.), Thorsrud (Norway), Vilmorin (France) and Zander (Germany) as Committee members. Although voting was restricted to the above official members of the two Committees, all persons present were invited to participate freely in the discussions. Non-members who thus took part included T. H. Everett (New York Botanical Garden), L. D. Hills, R. E. Holttum (University of Malaya), A. Nehrling (Massachusetts Horticultural Society and American Rose Society), C. North (National Institute of Agricultural Botany, Cambridge), B. Park (National Rose Society), T. R. Peace (Forestry Commission), D. Sander (British Orchid Growers Association), G. M. Schulze (Botanischer Garten, Berlin-Dahlem), Simmonds (R.H.S.) and Synge (R.H.S.). Their cooperation ensured that a wide range of views and interests was taken into consideration and it proved of great value. The meetings took place under the chairmanship of Thorsrud, with Gilmour as deputy chairman, Stearn as secretary and rapporteur general, and J. Souster (Royal Botanic Gardens, Kew) as recorder. The subcommittee on registration consisted of Cracknell, Grootendorst, Maatsch, Nehrling, Park, Sander and Simmonds.
The Committee considered in detail the 'Proposed International Code of Nomenclature for Cultivated Plants' and the amendments and additions put forward. It kept in mind the need for the minimum disturbance of existing names and sought to provide sound guidance for future procedure. It reached general agreement on every matter discussed, and thus was able at the end to recommend to the Congress as a whole a revised text essentially similar to the 'Proposed International Code' but with many small amendments and additions. Since it was not practicable to lay before the Congress at its final session the complete text, the Congress was asked to give its approval to the main points embodied in the Code (Articles C. 1, 2, 4-8, 10, 13, 15-17, 23, 25, 29, 34) [The letter 'C' (for cultivated plants) has been placed before the number of each article of this Code to obviate confusion with the articles of the International Code of Botanical Nomenclature (which have no preceding letter) and its Appendix II, 'Names of Hybrids' (which are preceded by the letter 'H'] and set out in a report distributed to all persons attending this session. Gilmour gave an address explaining their intent and implications. The Congress then formally adopted a resolution expressing its approval of these main points and charging the Committee with the preparation of the full text, embodying these points, for wide circulation and trial prior to submission to the next Horticultural Congress.
From the above summary it will be evident that this Code is the outcome of much thought, discussion and correspondence, together with no little expenditure of money and time, by many competent persons in many countries over some forty-seven years. It represents the collective wisdom of persons having a first-hand practical acquaintance with the nomenclatural needs of amateur gardeners, plant breeders, nurserymen dealing in alpines, bulbous plants, herbaceous perennials, trees and shrubs, seedsmen dealing in vegetables and ornamental annuals, agriculturists, foresters, systematic botanists and award-giving and name-registering societies. Much of the work of correlating and tapping this experience has been done during the past three years under the auspices of The Royal Horticultural Society of London, the British Museum (Natural History) and the Academy of Natural Sciences of Philadelphia.