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TGP/14/1: Section 1: Institutional and Technical Terms page 4 Breeder’s Right Characteristic - the person who is the employer of the aforementioned person or who has commissioned the latter’s work, where the laws of the relevant Contracting Party so provide, or - the successor in title of the first or second aforementioned person, as the case may be” “breeder’s right” means the right of the breeder provided for in the UPOV Convention. Synonymous with “plant breeder’s right”. (see Article 1(v)of the 1991 Act of UPOV Convention) The General Introduction states the following: “4.2.1 The basic requirements that a characteristic should fulfill before it is used for DUS testing or producing a variety description are that its expression: (a) results from a given genotype or combination of genotypes (this requirement is specified in Article 1(vi) of the 1991 Act of the UPOV Convention but is a basic requirement in all cases); (b) is sufficiently consistent and repeatable in a particular environment; (c) exhibits sufficient variation between varieties to be able to establish distinctness; (d) is capable of precise definition and recognition (this requirement is specified in Article 6 of the 1961/1972 and 1978 Acts of the UPOV Convention, but is a basic requirement in all cases); (e) allows uniformity requirements to be fulfilled; (f) allows stability requirements to be fulfilled, meaning that it produces consistent and repeatable results after repeated propagation or, where appropriate, at the end of each cycle of propagation.” “4.2.2 It should be noted that there is no requirement for a characteristic to have any intrinsic commercial value or merit. However, if a characteristic that is of commercial value or merit satisfies all the criteria for inclusion it may be considered in the normal way.” CAJ CC Combined characteristic “4.2.3 For inclusion in the Test Guidelines, further criteria are set out in [the General Introduction] section 4.8, “Functional Categorization of Characteristics” and in document TGP/7, “Development of Test Guidelines.” The characteristics included in the individual Test Guidelines are not necessarily exhaustive and may be expanded with additional characteristics if that proves to be useful and the characteristics meet the conditions set out above.” abbreviation of “UPOV Administrative and Legal Committee” (see http://www.upov.int/en/about/structure.html) abbreviation of “Consultative Committee of UPOV” (see http://www.upov.int/en/about/structure.html) A combined characteristic is a simple combination of a small number of characteristics. Provided the combination is biologically meaningful, characteristics that are assessed separately may subsequently be combined, for example the ratio of length to width, to produce such a combined characteristic. Combined characteristics must be examined for distinctness, uniformity and stability to the same extent as other characteristics.
TGP/14/1: Section 1: Institutional and Technical Terms page 5 Comparable varieties Consultative Committee Contracting Party Convention Council Distinct / Distinctness Drafter’s Kit for Test Guidelines Drilled plot DUS DUS test DUST/ DUSTNT Ear-row Editorial Committee Enlarged Editorial Committee Essential characteristic Combined characteristics are not to be confused with the application of methods, such as “multivariate analysis.” (see General Introduction, Chapter 4.6.3) Comparable varieties are varieties of the same type within the same or a closely related species that have been previously examined and considered to be sufficiently uniform (see document TGP/10 “Examining Uniformity”, Section 5.2.1) “Consultative Committee of UPOV” (see http://www.upov.int/en/about/structure.html) State or Intergovernmental Organization party to the 1991 Act International Convention for the Protection of New Varieties of Plants Council of UPOV (see http://www.upov.int/en/about/structure.html) Article 7 “Distinctness” of the 1991 Act states: “The variety shall be deemed to be distinct if it is clearly distinguishable from any other variety whose existence is a matter of common knowledge at the time of the filing of the application. In particular, the filing of an application for the granting of a breeder’s right or for the entering of another variety in an official register of varieties, in any country, shall be deemed to render that other variety a matter of common knowledge from the date of the application, provided that the application leads to the granting of a breeder’s right or to the entering of the said other variety in the official register of varieties, as the case may be.” A collection of guidance and information documents provided on the UPOV website for drafters of Test Guidelines (http://www.upov.int/restrict/en/index_drafters_kit.htm) A drilled plot is one in which seed is planted with a machine which does not place the seed individually. Compare to “Spaced plant plot/trial” abbreviation of Distinctness, Uniformity and Stability examination of Distinctness, Uniformity and Stability Software for the application of COYD and COYU in DUS testing: see document TGP/8 “Trial Design and Techniques Used in the Examination of Distinctness, Uniformity and Stability” A row of plants grown from seeds obtained from a single ear of a plant. see “Enlarged Editorial Committee (TC-EDC)” Enlarged Editorial Committee of the Technical Committee (TC-EDC) (abbreviated to “TC-EDC”) (see http://www.upov.int/en/about/structure.html) Article 6 (1)(d) of the 1961 Convention / 1972 Act and 1978 Acts require that a variety “must be stable in its essential characteristics, that is to say, it must remain true to its description after repeated reproduction or propagation or, where the breeder has defined a particular cycle of reproduction or multiplication, at the end of each cycle.” The General Introduction (Chapter 7.2) clarifies that the essential characteristics include at least all characteristics used for the examination of DUS or included in the variety description established at the date of grant of protection of that variety. Therefore, all obvious characteristics may be considered, irrespective of whether they appear in the Test Guidelines or not.
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E - International Union for the Protection of New Varieties of Plants

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