Essentially derived plant variety

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The essentially derived from another plant variety if, cumulatively, it is:
a) predominantly derived from the initial plant or another essentially derived plant variety, without losing the expression of the essential characteristics that result from the genotype or combination of genotypes from which it derived, except to differences resulting from the derivation;
b) clearly distinct cultivar from which it derived, by narrowly descriptors, according to criteria established by the competent organ
c) has not been offered for sale in Brazil for more than twelve months from the date of application for protection and that, subject to the term for commercialization in Brazil, has not been offered for sale in other countries, with the consent of the breeder, for over six years for species of trees and vines and for over four years for other species.

Reference and external links

BRAZIL. Law 9456 of April 25, 1997. Establishes the Plant Variety Protection Act and other provisions. Official Gazette [of] the Federative Republic of Brazil, Executive Power, Brasília, 28 April 1997. Section 1.

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