@article{49121,
      recid = {49121},
      title = {Assessing the Distinctness of a Variety.},
      pages = {1 online resource (pages 1149–1151)},
      abstract = {Code of Industrial Property, Art. 104 ‒ Asgrow Seed   Headnotes by the Editorial Office 1. The variety is deemed  distinct when it is clearly distinguishable from any  ‘other’ variety whose existence, on the date of filing the  application, is a matter of common knowledge.  2. Where it  is the same variety, for which the breeder (or their  successor) has applied for plant variety rights to be  granted in another state, the question of a lack of  distinctness does not arise, since the ‘same’ variety  cannot be included in the concept of any ‘other’ variety  that is a matter of common knowledge; the same variety is  not therefore relevant for the purposes of the distinctness  assessment provided for by law.  Supreme Court of  Cassation, Civil Division, Section 1 (Corte Suprema di  Cassazione, Sez. 1 Civ.), judgment of 28 February 2023 ‒  6074/2023 Facts of the case The dispute concerns an Italian  patent for a plant variety.},
      url = {http://tind.wipo.int/record/49121},
      doi = {https://doi.org/10.1093/grurint/ikad106},
}