245. Requirement of uniformity.

245.     Requirement of uniformity.

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, uniform5. A variety is uniform for these purposes if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in those characteristics which are included in the examination for distinctness6.

Any decision of the Controller as to these conditions is subject to appeal to