The expression “essential characteristics” is not used in other articles of the Convention. In the same way as for characteristics used to establish distinctness, they result from the expression of the genotype but they are not necessarily the same. This point is essential in the interpretation of the condition “predominantly derived” which can be based on the characteristics used for assessment of distinctness but can also be based on other characteristics. For example, they might be linked to the value of the variety.
Paragraph (5)(i) of Article 14 says that an essentially derived variety cannot be dependent from a variety which is itself essentially derived from an initial one. This condition is designed to avoid a cascade of dependency resulting in a series of essential varieties for an initial variety. Hence, the evaluation of the essential derivation is always with reference to the initial one.
The second part of the definition requires that an essentially derived variety must be distinct from the initial variety. It clearly demonstrates that essential derivation relates to varieties which are distinct according to Article 7 of the Convention but nevertheless similar to the initial variety. It means that a variety with small differences from an initial variety can potentially be an essentially derived variety but not necessarily.