An essentially derived variety refers to a type of plant variety that is primarily developed from another existing variety, known as the initial variety. This derived variety must maintain the essential characteristics of the initial variety while also being clearly distinguishable from it. In simpler terms, it is a new plant variety that has been created by modifying an existing one but still shares its key traits.
The term "essentially derived variety" is primarily used in agricultural law, specifically in the context of plant variety protection. This legal framework helps protect the rights of breeders who develop new plant varieties. Users may encounter this term when dealing with issues related to patenting new plant varieties, ensuring compliance with agricultural regulations, or understanding their rights and obligations under plant variety protection laws. Legal forms related to plant variety applications or disputes can be found through resources like US Legal Forms.
Here are a couple of examples of abatement:
According to 7 USCS § 2401, the definition and criteria for an essentially derived variety are established. This statute outlines the conditions under which a plant variety can be classified as essentially derived and the methods by which it can be created.
| Term | Definition |
|---|---|
| Variety | A plant grouping that is distinct from others by its characteristics. |
| Hybrid | A plant produced from the crossbreeding of two different varieties. |
| Essentially Derived Variety | A variety primarily derived from another while retaining its essential characteristics. |
If you believe you have developed an essentially derived variety, it is crucial to document your process and the characteristics of both the initial and derived varieties. You may want to consult a legal professional to navigate the plant variety protection application process. Additionally, consider using resources like US Legal Forms to find templates for necessary legal documents.
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It must be predominantly derived from an initial variety while retaining its essential characteristics.