Singapore legislation

Clause 29

Essentially derived and certain other plant varieties

(1)

Where a grant of protection is made under section 21, that grant of protection shall also extend to —

(a)

any plant variety which is essentially derived from the plant variety in respect of which the grant of protection was made (referred to in this section as the original plant variety);

(b)

any plant variety which is not distinct in accordance with section 22(1)(b) from the original plant variety; and

(c)

any plant variety the production of which requires the repeated use of the original plant variety.

(2)

For the purposes of this section, a plant variety shall be treated as being essentially derived from the original plant variety if —

(a)

it is predominantly derived from the original plant variety or from a plant variety that is itself predominantly derived from the original plant variety;

(b)

it retains the expression of the essential characteristics that result from the genotype or a combination of genotypes of the original plant variety;

(c)

it is clearly distinguishable from the original plant variety; and

(d)

except for the differences which result from the act of derivation, it conforms to the original plant variety in the expression of the essential characteristics that result from the genotype or a combination of genotypes of the original plant variety.

Read in full context — Plant Varieties Protection Bill →