4.2 NEW

For a plant variety to be considered "new", it must meet the criteria for Distinctness, Uniformity and Stability, and not have been exploited, as explained in Section 4.3 of this Guide.

It is essential that the new variety meets the conditions of Distinctness, Uniformity and Stability and that the test results clearly demonstrate and substantiate the applicant's claims.

Under the Plant Breeder's Rights Act 1994 an application can be challenged up to, and after, the grant of rights on the grounds, inter alia, that the criteria of Distinctness, Uniformity and Stability(DUS) have not been met. While at least one clear difference is required to qualify for protection, economic/ aesthetic/ performance/ values are not, per se, relevant for PBR protection.

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