According to Article 8 of the 1991 Act of the UPOV Convention (here) (for the CPVR system seen here Article 8 of Council Regulation (EC) No 2100/94), uniformity must be given in the expression of those characteristics which are included in the examination for distinctness, as well as any others used for the variety description. This requirement should ensure that the individuals of a breeding result that are eligible for protection are uniform in the characteristics relevant for the description of the variety. In order to guarantee that it can be described on the basis of the phenotype of each individual, the difference in variation between individuals within a variety must be less than the difference in variation between varieties within a species (see Würtenberger / Ekvad / van der Kooij/ Kiewiet – European Union Plant Variety Protection). Hence, individuals of a variety and the variety’s existing material may show certain variations, in particular dependent on the method of propagation of the variety in question (see here UPOV TGP/10/2 “Examining Uniformity”; also see Würtenberger / Ekvad / van der Kooij/ Kiewiet – European Union Plant Variety Protection, Chapter III).
Published on May 15, 2021