such an indication is so associated, the denomination must nevertheless be easily
recognizable.
CHAPTER III
SCOPE OF PROTECTION
Article 16
The breeder’s right shall cover:
(a)
the protected variety,
(b) any variety that is not clearly distinguishable in accordance with Article 7 above
from the protected variety,
(c) any variety that is essentially derived from the protected variety, where the
protected variety is not itself an essentially-derived variety and
(d)
any variety whose production requires the repeated use of the protected variety.
Subject to the provisions of Articles 17 and 18 below, the following acts in respect of
the propagating material of the protected variety and of the varieties referred to in the first
paragraph above shall require the authorization of the breeder:
–
production or reproduction (multiplication);
–
conditioning for the purpose of propagation;
–
offering for sale;
–
selling or other marketing;
–
exporting;
–
importing;
–
stocking for any of the purposes mentioned above.
Subject to the provisions of Articles 17 and 18 below, if the breeder has not been in a
position to exercise his right with respect to the propagating material, he may exercise his
right concerning the acts referred to in the second paragraph above with respect to the
harvested material or the transformed produce.
For the purposes of item (c) above, a variety is “essentially derived from another variety
(initial variety)” if
(a) the variety is predominantly derived from the initial variety, or from a variety that
is itself predominantly derived from the initial variety, while retaining the expression of the
essential characteristics that result from the genotype or combination of genotypes of the
initial variety,
(b)
the variety is clearly distinguishable from the initial variety and,