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4.0 INTRODUCTION
Section 43 of the PBR Act sets out the conditions that a plant variety must meet to be eligible for Plant Breeder's Rights and therefore to be considered to be a “new plant variety” if it:
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is new (Section 4.2 of this Guide) |
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has not been exploited or has been only recently exploited (this is examined in more detail in Section 4.3 of this Guide) - satisfy this criterion first; and |
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is distinct (Section 4.4 of this Guide); and |
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is uniform (Section 4.5 of this Guide); and |
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is stable (Section 4.6 of this Guide); and |
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has a breeder (Section 3.2.1 and 4.1 of this Guide); |
Each of the criteria are examined in more detail in the sections marked in the table above. The first one to be addressed by a potential applicant should be "prior exploitation"; if this criterion is not met, there is little point undertaking the testing to demonstrate Distinct, Uniform and Stable (DUS criteria).
Go to Section 4.1 Plant Breeding
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