ISF has adopted arbitration procedure rules tailored to the technical and legal aspects of essential derivation in plant breeding.
Explanatory notes clarify and provide guidance on numerous provisions of these rules. 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.
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.
The protocol for assessing the genetic distance between diploid perennial ryegrass varieties is available to interested readers.
The list of the 3072 SNP markers used in the guidelines for maize is available to interested readers.
The technical rules for establishing a threshold for essential derivation are also available.