With these rights, the breeder can choose to become the exclusive marketer of the variety, or to license the variety to others. In order to qualify for these exclusive rights, a variety must be new, distinct, uniform and stable. A variety is:
- new if it has not been commercialized for more than one year in the country of protection;
- distinct if it differs from all other known varieties by one or more important botanical characteristics, such as height, maturity, color, etc.;
- uniform if the plant characteristics are consistent from plant to plant within the variety;
- stable if the plant characteristics are genetically fixed and therefore remain the same from generation to generation, or after a cycle of reproduction in the case of hybrid varieties.
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