Section 15: Distinctness.

(1) A variety is deemed to be distinct where it is clearly distinguishable from any other variety whose existence is a matter of common knowledge at the time of the filing of the application.
(2) For purposes of subsection (1), the filing of an application for the granting of breeder's right or for the entering of another variety in the official register of varieties in any country, is deemed to render that other variety a matter of common knowledge from the date of the application, provided that the application leads to the granting of breeder's right or to the entering of the said other variety in the official register of varieties.