The variety shall be considered new when, at the day of presentation of the application for certificate, it or a generative material, or a crop of it, have not been offered for sale, sold, subjected to other kind of trade or offered with the consent of the breeder:
1. on the territory of the country, for no longer than one year;
2. on the territory of any other country, for no longer than:
a) six years, when it regards trees and vine;
b) four years, when it regards any other plant species.
No variety testing shall affect the novelty of the variety and it cannot be used to the detriment of the right of the breeder.
A variety is distinguishable when it is clearly different from any other variety, which is commonly known by the day of presentation of the application at the Patent office.
Another variety shall be considered commonly known if, by the day of presentation of the application, it has been materialised through cultivation, it is a subject of marketing, trade or other type of realisation or subject to the right of the breeder, it has been entered in the registers of the varieties, it has been included in reference collection, its exact description has been presented for publication or it has become known in any other way.
Application for granting right to the breeder or for entering another variety in an official register of the varieties in any country shall be considered as attaching common knowledge for this variety from the date of presentation of the application, on condition that the application has lead to granting right to the breeder or to entering the variety in the official register of the varieties.
The indications, allowing the determination of the characteristics and the distinctive features of the variety, must be precise for the purposes of description.
The variety shall be considered homogeneous if, regardless of the presence of small deviations, the plants are identical in their essential qualities, including regarding the particularities of their sexual or vegetal reproduction.
The deviations from each kind shall be determined by methodology, adopted by the Executive Agency of Variety Testing Field Inspection and Seed Control.
The variety shall be considered stable if it remains unchanged regarding its essential qualities after repeated reproduction, or if the breeder has determined for the created variety a particular cycle of reproduction, whereas at the end of each cycle the variety has retained the compliance with its description.
The regime for plant varieties shall also apply to animal breeds, insofar as the special law does not provide otherwise.
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