derived varieties (EDV) was introduced by UPOV in 1991 with the aim of broadening the scope of protection for breeders over parent varieties by creating a dependency between the parent and their EDV. Traditional plant breeding is complex and time-consuming, but with advances in biotechnology it is possible to create a new variety based on another variety relatively quickly, for example by introducing minor mutations and retaining most of the parent variety's genotype. Therefore, the EDV aimed to strengthen the breeder's right to a variety by extending his right to a variety that essentially derives from his variety and which could otherwise benefit from a plant breeder's right. The concept of EDV means that the breeder's right to an EDV, which resembles the parent variety, may depend on the rights to the parent variety. Say no to plagiarism. Get a tailor-made essay on the topic "Why violent video games should not be banned"? Get an original essay According to the law, according to the EDV concept, an EDV cannot be exploited without falling within the scope of protection of another variety (hereinafter referred to as “the parent variety”). The South African Plant Breeders' Right (PBR) Act, in line with the UPOV Convention Act, defines an EDV in section 23(4)(b) of the Act as follows: Section 23(4) (d) …. a variety is considered to be derived essentially from another variety if: it is derived predominantly from that other variety, or from a variety which is itself derived predominantly from that other variety, while retaining the essential characteristics of that other variety; and is plainly distinguishable from that other variety; and except for the differences resulting from the process of derivation, it conforms to that other variety in essential characteristics. From this definition it is clear that an EDV must be “clearly distinguishable from the parent variety” (s23(4 )(d)(ii)), therefore an EDV may qualify for a PBR. In order for a variety to qualify for a PBR. For a variety to obtain a PBR, it must be new, distinct, uniform and stable. It is important to note that the PBR Registrar is not responsible for verifying whether a variety is an EDV or not, but whether the variety to which a PBR application refers meets the requirements established by the PBR Law. These are, among others, that the variety is new, distinct, uniform and stable; and that the variety has an approved denomination and that all required taxes have been paid. This implies that the holder of an EDV can obtain a PBR but, according to the EDV concept, the use/exploitation of the EDV will constitute an infringement of the parent variety, if the parent variety is protected. Therefore, the EDV holder must obtain the consent of the parent variety holder to exploit his EDV. Please note: this is just an example. Get a custom paper from our expert writers now. Get a custom essay A variety referred to in paragraph 1 are considered: new if the propagating material or material collected from it has not been sold or otherwise disposed of by the breeder or with his consent for the purpose of exploitation of the variety - in the Republic, no more than one year; and in a contracted or contracted country, in the case of: varieties of vines and trees, no more than six years; or other varieties, no more than four years before the date of filing the application for the plant breeder's right; distinct if, on the date of filing the application for the plant breeder's right, it is clearly distinguishable from any other variety of the same plant species whose existence is in the public domain at that date; uniform if, without prejudice to the variations that can be expected from the particular characteristics of its propagation, it is sufficiently uniform with respect.