(f) “breeder” means the person who has discovered and developed a variety. The term
does not include a person who has redeveloped or rediscovered a variety whose existence is
publicly known or is a matter of common knowledge;
(g) “variety-related material” means:
(i) reproductive or vegetative propagating material in whatever form;
(ii) harvested material, including entire plants and parts of plants;
(iii) products made directly from harvested material.
Article 2
Plant Variety Certificate
(1) The breeding of a new plant variety shall give the breeder the right to a protection
title known as a “plant variety certificate”.
(2) Plant variety protection shall be obtained by registration.
(3) A plant variety certificate shall be granted for one variety only.
Article 3
Botanical Taxa Eligible for Protection
All botanical taxa shall be protected by this Annex, except for wild species, that is,
species that have been neither planted nor improved by man.
TITLE II
CONDITIONS FOR THE ISSUE OF
A PLANT VARIETY CERTIFICATE
Article 4
Criteria for the Protection of a Plant Variety
In order to enjoy the protection afforded by this Annex, a variety shall be:
(a) new;
(b) distinct;
(c) uniform;
(d) stable and
(e) given a denomination devised in accordance with the provisions of Article 23.
Article 5
Novelty
(1) A variety shall be deemed new if, on the filing date of the application or on the
priority date if any, reproductive or vegetative propagating material or harvested material of
the variety has not been sold or otherwise disposed of to others, by or with the consent of the
breeder or of his successor in title or assignee, for the purposes of exploitation of the variety:
(a) on the territories of the member States of the Organization, for more than one year;
(b) on the territories of non-member States, for more than: