Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 4

    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.