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• Essential Derivation

Essential Derivation

ISF has adopted arbitration procedure rules tailored to the technical and legal aspects of essential derivation in plant breeding. 

• Regulation for the Arbitration of Disputes concerning Essential Derivations (RED)

Explanatory notes clarify and provide guidance on numerous provisions of RED.

RED is based on a threshold for essential derivation, measured as the genetic distance between varieties, above which the breeder of the putative essentially derived variety must demonstrate that his variety has not been predominantly derived from the initial variety. Various ISF Crop Sections have adopted guidelines or a code of conduct for dealing with disputes on essential derivation:

• Guidelines for the Handling of a Dispute on Essential Derivation of Maize Lines
• Guidelines for the Handling of a Dispute on Essential Derivation in Oilseed Rape
• Guidelines for the Handling of a Dispute on Essential Derivation in Cotton
• Guidelines for the Handling of a Dispute on Essential Derivation in Lettuce
• Principles of a Code of Conduct in Essentially Derived Varieties of Perennial Ryegrass

ISF outlines the technical rules that must be addressed for establishing a threshold for essential derivation.

RED does not anticipate any special requirements for the arbitrators and the choice of arbitrators is at the discretion of the disputing parties. To assist parties ISF provides a list of international arbitrators who have the necessary knowledge to handle a dispute on essential derivation.