New variety is developed by some breeder. Breeder has copy right or intellectual property right User new variety. According to UPOV
(International Union for the Protection of New Varieties of
Plants) a new variety has following characteristics:
I. It is a plant grouping within a single botanical taxon of the lowest known rank.
- It is defined by the expression of the characteristics resulting from a given genotype or combination of genotypes,
- It distinguished from any other plant grouping by the expression of at least one of the said characteristics and
- It is considered as a unit with regard to its suitability for being propagated unchanged.
According to UPOV, a breeder is We person who bred, or discovered and developed, a variety. Or the person who is the employer of the aforementioned person or who has commissioned the latter’s work. this simple definition contains some important information concerning the UPOV system. The breeder, a natural or legal person. [night be a plantsman, a farmer. a company or a scientist. Thus. for example: farmers are potential breeders. It also clarifies that the breeder is considered to be the one who bred the variety, i.e. created a plant variety by means of plant breeding techniques. The plant breeding techniques can range from classic –crossing and selection–. through modern procedures. such as genetic engineering.
Requirement for a plant as new variety
A variety shall be granted protection or cop right if it is:
I. Novelty: A variety ‘mist not nine been sold, or otherwise disposed of, in the territory of the member of the Union concerned for more than one year prior to the application for a breeder’s right. It is called not. city period.
- Distinctness: A varlets should be distinct. It should be clearly distinguishable front any other variety whose existence is a matter of common know ledge at the time of filing or the application.
- Uniformity: A variety should be uniform if it is subjected to the variation that may he expected from the particular features of its propagation. It should be sufficiently uniform in its relevant characteristics.
- Stability: A variety should be stable if its relevant characteristics remain unchanged after repeated propagation
- Denomination: Each member of the Union must register the denomination of a new plant variety at the same time as it issues title of protection for the new variety.