Plant Varieties (Proprietary Rights) (Amendment) Act, 1998
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Limitation of protection. |
16.—(1) Plant breeders’ rights shall not apply to any act referred to in section 18 carried out in relation to any material— | |
(a) of the protected variety concerned which has been sold or otherwise offered for sale in the State by the holder or with the consent of the holder, or | ||
(b) of an essentially derived variety which has been sold or otherwise offered for sale in the State by the holder or with the consent of the holder, or | ||
(c) derived from the material specified in paragraph (a) or (b). | ||
(2) Subsection (1) shall not apply to an act which involves— | ||
(a) the further propagation of the protected variety concerned, or | ||
(b) the export of any material which enables the propagation of the protected variety into a country which does not protect varieties of the plant genus or species to which the protected variety concerned belongs, unless such export is for the purpose of final consumption. | ||
(3) In this section “material” includes— | ||
(a) any propagating material of a variety, and | ||
(b) any harvested material of a variety, including entire plants and parts of plants. |