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.