Property?
Article 1 of the International Convention for Protection of New
Varieties of Plants UPOV convention states that a “variety” means
a plant grouping within a single botanical taxon on the lowest
known rank, which grouping can be: -defined by the expression of
the characteristics resulting from a given genotype or combination
of genotypes, -distinguished from any other plant grouping by the
expression of at least one of these characteristics and -considered
as a unit with regard to its suitability for being propagated
unchanged.
Under Article 5, the criteria to be satisfied for the breeder’s right to
be granted are:
(i) new,
(ii) distinct,
(iii) uniform and
(iv) stable.
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