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C. General Rules for Burden of Proof 



a) According to the general rules of burden of proof, each party has the burden of 

 proof for those requirements of the legal provision which is favourable to him. 

 That means that the owner of the i.v. has to prove all requirements of 

 dependency. 



b) If the owner of the i.v. can prove the requirement of "genetic conformity" his 

 burden of proof regarding "predominant derivation'' is facilitated by the 

 so-called "prima facie" proof (proof by evidence). The existence of "genetic 

 conformity" gives the presumption that the second breeder has predominantly 

 derived his variety from the i.v. On the other hand, if the owner of the i.v. can 

 prove the requirements of "predominant derivation", the existence of "genetic 

 conformity" can be also presumed. 



For the proof of evidence to justify essential derivation, the following elements 

 should be sufficient: 



- genetic conformity or 



- close relationship e.g. in phenotypical characteristics or 



- only small differences in some simply inherited characteristics. 



c) If the owner of the i.v. has fulfilled the above requirements, then the second 

 breeder has to prove: 



- no genetic conformity or 



- no predominant derivation. 



