Article 38
Competent Jurisdiction
(1) Civil actions relating to layout-designs shall be brought before the civil courts and
judged as summary proceedings.
(2) If the accused in an action before a criminal court raises questions in his defense
concerning the ownership of the layout-design, the competent court shall pass judgment
thereon.
ANNEX X
PLANT VARIETY PROTECTION
TITLE I
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of this Annex:
(a) “plant variety certificate” means a title issued to protect a new plant variety;
(b) “plant variety” means a plant grouping within a single botanical taxon of the lowest
known rank, which grouping, whether or not it meets the conditions for the grant of a plant
variety certificate, can be:
(i) defined by the expression of the characteristics resulting from a given genotype or
combination of genotypes;
(ii) distinguished from any other plant grouping by the expression of at least one of the
said characteristics and
(iii) considered a unit with regard to the possibility of reproducing it unchanged;
(c) “botanical taxon” means the unit of the botanical classification of the genus and the
species in particular;
(d) “protected variety” means a variety that is the subject of a plant variety certificate;
(e) “essentially derived variety” means a variety which:
(i) is predominantly derived from another variety, the “initial variety”, or from a variety
that is itself predominantly derived from the initial variety, while retaining the expression of
the essential characteristics that result from the genotype or combination of genotypes of the
initial variety;
(ii) is clearly distinguishable from the initial variety; and
(iii) except for the differences resulting from the derivation, conforms to the initial
variety in the expression of the essential characteristics that result from the genotype or
combination of genotypes of the initial variety. Essentially derived varieties may be obtained
for example by the selection of a natural or induced mutant or somaclonal variant, the
selection of a variant individual from plants of the initial variety, backcrossing or
transformation by genetic engineering;