The Controller of Plant Variety Rights1 may not grant plant breeders' rights2 in respect of a variety3 unless he is satisfied that the variety to which the application relates is, amongst other characteristics4, distinct5. A variety is distinct for these purposes if it is clearly distinguishable by one or more characteristics which are capable of a precise description from any other variety whose existence is a matter of common knowledge6 at the time of the application7.
Any decision of the Controller as to these conditions
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