Plant Varieties (Proprietary Rights) (Amendment) Act, 1998
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Authorisation not required for certain acts, etc. |
19.— (1) An authorisation, in relation to a protected variety, shall not be required for— | |
(a) any act done for private and non-commercial purposes, | ||
(b) any act done for the purpose of breeding experimentation, | ||
(c) any act done for the purpose of breeding another variety other than a variety specified in section 4 (2) of the Principal Act (inserted by section 5 ), | ||
(d) the use by a farmer for propagating purposes of the product of the harvest which that farmer has obtained from propagating material of the protected variety on lands owned or occupied by the farmer (in this section referred to as “farm saved seed”) and the protected variety concerned is a variety of plant genus or species specified in an order under subsection (2) and such use is referred to in this Act as the “farm saved seed exemption”. | ||
(2) The Minister may by order specify a variety of any plant genus or species to which the farm saved seed exemption is to apply and the provisions of section 26 (3) of the Principal Act shall apply to the making of such order. | ||
(3) The Minister may by order amend or revoke an order made under subsection (2). | ||
(4) Where a farmer uses farm saved seed of a variety specified in an order under subsection (2), the farmer shall be liable to pay the holder remuneration which shall be sensibly lower, within the meaning of Article 14.3 of the Council Regulation, than the amount charged for the production of propagating material of the protected variety concerned. | ||
(5) The obligation to pay the remuneration referred to in subsection (4) shall not apply to a farmer who is considered, under Article 14.3 of the Council Regulation, to be a small farmer. | ||
(6) The Minister may make regulations generally for the purpose of giving effect to the farm saved seed exemption and such regulations may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purpose of the regulations. |