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4.4 DISTINCT

To be eligible for protection the applicant must show that the new variety is Distinct, Uniform and Stable. For an application to be accepted by the IP Australia and for provisional protection to apply the applicant must establish a prima facie case that the variety is distinct from all other varieties of common knowledge.

To obtain a grant of PBR the applicant must verify these claims. This is generally done by conducting a comparative test growing which includes the new variety and the most similar varieties of common knowledge.

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