If a variety1 is bred, or discovered and developed, by two or more persons independently, the first of those persons, and any successor in title of theirs, to apply for the grant of plant breeders' rights2 in respect of it is the person entitled to the grant3. As between persons making applications for the grant of plant breeders' rights in respect of the same variety on the same date, the one who was first in a position to make an application for the grant of rights in respect of that variety, or who would have been first in that
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