Plant Varieties (Proprietary Rights) (Amendment) Act, 1998
Authorisation required for certain acts, etc. |
18.— (1) A person shall not— | |
(a) produce, reproduce or cause the multiplication of any propagating material of a protected variety, | ||
(b) clean, process or otherwise condition any propagating material of a protected variety for the purpose of propagation, | ||
(c) sell or offer for sale, export or import any propagating material of a protected variety, or | ||
(d) keep a supply of any propagating material of a protected variety for any of the purposes specified in paragraph (a), (b) or (c), | ||
unless that person has obtained the authorisation of the holder. | ||
(2) A person shall not— | ||
(a) produce, reproduce or cause the multiplication of unauthorised harvest material of a protected variety, | ||
(b) clean, process or otherwise condition unauthorised harvest material of a protected variety for the purpose of propagation, | ||
(c) sell or offer for sale, export or import unauthorised harvest material of the protected variety, or | ||
(d) keep a supply of unauthorised harvest material of the protected variety for any of the purposes specified in paragraph (a), (b) or (c), | ||
unless that person has obtained the authorisation of the holder in relation to the protected variety concerned or the holder has had a reasonable opportunity to exercise his or her plant breeder's rights in relation to the unauthorised use of such propagating material. | ||
(3) Where, in accordance with section 4 (2) of the Principal Act (inserted by section 5 ), plant breeders’ rights apply to a variety specified in either paragraph (a), (b) or (c) of that section, a person shall not— | ||
(a) produce, reproduce or multiply the propagating material or unauthorised harvest material, | ||
(b) clean, process or otherwise condition the propagating material or unauthorised harvest material, | ||
(c) sell or offer for sale, export or import the propagating material or unauthorised harvest material, or | ||
(d) keep a supply of the propagating material or unauthorised harvest material for any of the purposes specified in paragraph (a), (b) or (c), | ||
of that variety unless the holder has given an authorisation in respect of the matters so specified. | ||
(4) In this Act “unauthorised harvest material” means the material harvested from an unauthorised use of the propagating material of a protected variety. |