Essentially Derived Variety - Law Dictionary Search Results
Essentially derived variety
Essentially derived variety, 'essentially derived variety', in respect of a variety (the initial variety) shall be said to be 'essentially derived' from such initial variety when it (i) is predominantly derived from such initial variety, or from a variety that itself is predominantly derived from such initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination or geno types of such initial variety; (ii) is clearly distinguishable from such initial variety, and (iii) conforms (except for the differences which result from the act of derivation) to such initial variety in the expression of the essential characteristics that result from the genotype or combination of genotypes of such initial variety. [Protection of Plants varieties and Farmer's Rights Act, 2001 (53 of 2001), s. 2(i)]...
Denomination
Denomination, in relation to a variety or its propagating material or essentially derived variety or its propagating material, means the denomination of such variety or its propagating material or essentially derived variety or its propagating material, as the case may be, expressed by means of letters or a combination of letters and figures written in any language. [Protection of Plant Varieties and Farmer's Rights Act, 2001 (53 of 2001), s. 2(g)]Denomination, is only 'sect', Maclaughlin v. Campbell, (1906) 1 IR 588....
Variety
Variety, means a plant grouping except micro-organism within a single botanical taxon of the lowest known rank, which can be:(i) defined by the expression of the characteristics resulting from a given genotype of that plant grouping;(ii) distinguished from any other plant grouping by expression of at least one of the said characteristics; and(iii) considered as a unit with regard to its suitability for being propagated, which remains unchanged after such propagation, and includes propagating material of such variety, extant variety, transgenic variety, farmers' variety and essentially derived variety. [Protection of Plant Varieties and Farmer's Rights Act, 2001 (53 of 2001), s. 2(za)]...
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