Definition of essentially derived

Current

A plant variety is an essentially derived variety of another plant variety if:

(a)

it is predominantly derived from that other plant variety; and

(b)

it retains the essential characteristics that result from the genotype or combination of genotypes of that other variety; and

(c)

it does not exhibit any important (as distinct from cosmetic) features that differentiate it from that other variety.

Note:

For declarations of essential derivation, see sections 40 and 41D.

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