New version Explanatory Notes on Essentially Derived Varieties

After four years of debate, the UPOV Council, adopted the new Explanatory Notes on Essentially Derived Varieties (EDV). These new notes replaced the version of 2017. In general terms, it can be said that the “umbrella” or scope of protection of the right of the initial variety has been increased.

New version Explanatory Notes on Essentially Derived Varieties

The new Explanatory Notes provide clarification regarding the following subjects:

  • Mutants are per se predominantly derived from the initial variety. This concerns both natural mutants and genetically modified mutants.
  • There is no maximum number of differences in characteristics between the initial variety and those of the EDV, which have arisen as a result of plantbreeding.
  • If there is a new characteristic resulting from the breeding of the (initial) variety, this can also be a "substantial/essential characteristic". This means that if a essentially derived variety differs from the initial variety in 1 or more important characteristics (e.g., a valuable resistance), this essentially derived variety does not fall outside the scope of the initial variety.

International Seed Federation (ISF) - New Explanatory Notes EDV

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