TITLE V
RIGHTS CONFERRED BY THE PLANT VARIETY CERTIFICATE
Article 28
General
(1) Under the conditions and within the limits laid down in this Annex, the plant variety
certificate confers on its owner the exclusive right to exploit the variety to which it relates.
(2) Under the conditions and within the limits laid down in this Annex, a plant variety
certificate also confers on its owner the right to prohibit any person from exploiting the
variety to which it relates.
(3) The owner of a plant variety certificate moreover has the right to assign or transfer
the certificate by succession and to conclude licensing contracts.
(4) Subject to Article 36, the owner of a plant variety certificate has the right, in
addition to all other rights, remedies and actions at his disposal, to institute legal proceedings
against any person who infringes the rights that the plant variety certificate confers on the said
owner by performing, without his consent, any of the acts referred to in Article 29(1), or who
performs acts that make it probable that an infringement will be committed.
(5) The owner of a plant variety certificate also has the right, in addition to all other
rights, remedies or actions at his disposal, to institute legal proceedings against any person
who uses a designation in violation of Article 23(4) or who in violation of Article 23(5) fails
to use a variety denomination.
Article 29
Scope of Rights Conferred by the Plant Variety Certificate
(1) Subject to Articles 30 and 31, “exploitation” means, for the purposes of this Title,
any one of the following acts carried out in relation to propagating material of a protected
variety:
(a) production or reproduction;
(b) processing for the purpose of propagation;
(c) offering for sale;
(d) sale or other marketing;
(e) export;
(f) import;
(g) stocking for any of the purposes mentioned in (a) to (f) above.
(2) Subject to Articles 30 and 31, “exploitation” also means, for the purposes of this
Title, acts as mentioned in paragraph (1)(a) to (g) carried out in relation to harvested material,
including entire plants and parts of plants, obtained through unauthorized use of reproductive
or vegetative propagating material of the protected variety, except where the owner has had
reasonable opportunity to exercise his rights in relation to the said propagating material.
(3) Subject to Articles 30 and 31, “exploitation” further means, for the purposes of this
Title, acts as mentioned in paragraph (1)(a) to (g) carried out in relation to products made
directly from harvested material of the protected variety covered by the provisions of
paragraph (2) through unauthorized use of such harvested material, except where the owner
has had reasonable opportunity to exercise his rights in relation to the said harvested material.