Novelty of Cripps Pink Apples under Council Regulation on Community Plant Variety Rights

Cripps Pink is a sweet, crisp and crunchy variety of apple that was developed by Mr John Cripps (‘the breeder’), a researcher in the Plant Industries division of the Department of Agriculture and Food Western Australia (‘the Department’), by crossing Golden Delicious and Lady Williams varieties. This case is about the novelty of the Cripps Pink variety (Malus Domestica Borkh species) as assessed under the Council Regulation (EC) No 2100/94 of 27 July 1994 on Community Plant Variety Rights (OJ 1994 L227, ‘the Basic Regulation’).