Commonwealth Consolidated Acts

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PLANT BREEDER'S RIGHTS ACT 1994 - SECT 4

Definition of essentially derived

                   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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