Section 28
Essentially derived and certain other plant varieties
of Plant Varieties Protection Act
(1)
Where a grant of protection is made under section 20, that grant of protection shall also extend to and the provisions of section 27 apply in relation 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 protected plant variety);
(b)
any plant variety which is not clearly distinguishable in accordance with section 21(1)(b) from the protected plant variety;
and
(c)
any plant variety the production of which requires the repeated use of the protected plant variety.
(2)
For the purposes of this section, a plant variety shall be treated as being essentially derived from another variety (“the initial variety”) if —
(a)
it is predominantly derived from the initial plant variety or from a plant variety that is itself predominantly derived from the initial plant variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety;
(b)
it is clearly distinguishable from the initial plant variety;
and
(c)
except for the differences which result from the act of derivation, it conforms to the initial variety in the expression of the essential characteristics that result from the genotype or a combination of genotypes of the initial variety.