Varieties of Plants (UPOV Convention) what are the criteria
for a breeder to be granted rights over a plant variety?
Article 5(1) UPOV (Union pour la protection des obtentions
vegetales) sets the criteria to be satisfied for the breeder’s right to
be granted as the plant variety must be:
-new
-distinct, i.e. Clearly distinguishable from any other variety
-uniform, i.e. Sufficiently uniform in its relevant characteristics
-stable, i.e. Its relevant characteristics remain unchanged after
repeated propagation
These criteria are described in more details in articles 6 to 9
UPOV.
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