(4) The provisions of paragraphs (1) to (3) shall also apply:
(a) to varieties that are essentially derived from the protected variety where the
protected variety is not itself an essentially derived variety;
(b) to varieties that are not clearly distinguishable from the protected variety as
provided in Article 6, and
(c) to varieties whose production requires repeated use of the protected variety.
Article 30
Exceptions to the Rights Conferred by the Plant Variety Certificate
The rights conferred by the plant variety certificate shall not extend to:
(a) acts performed privately for non-commercial purposes;
(b) acts performed for experimental or research purposes;
(c) acts performed for the purpose of breeding other varieties and, except where the
provisions of Article 29(4) apply, acts mentioned in Article 29(1) to (3) that are performed in
relation to such other varieties;
(d) use by a farmer on his own holding, for the purposes of propagation, of harvested
material that he has obtained by cultivating, on his own holding, a protected variety or a
variety covered by Article 29(4)(a) or (b); this exception shall not apply to fruit, forestry or
ornamental plants; and
(e) acts carried out by any third party in good faith prior to the filing of the application
for a plant variety certificate.
Article 31
Exhaustion of Rights Conferred by the Plant Variety Certificate
The rights conferred by a plant variety certificate do not extend to acts concerning
material of the protected variety or a variety covered by Article 29(4) that has been sold or
otherwise marketed on the territory of a member State by the owner or with his consent or any
material derived from such material, except where such acts:
(a) involve further propagation of the variety in question, or
(b) involve the export of material of the variety with which the variety can be
propagated to a country that does not protect varieties of the plant genus or species to which
the variety belongs, except where the exported material is intended for consumption.
Article 32
Market Control Measures
The rights conferred by a plant variety certificate shall be independent of measures
adopted by member States as a means of controlling on their territory the production,
certification and marketing of variety material or the import or export of such material.
Article 33
Term of the Plant Variety Certificate; Maintenance of Rights
(1) Subject to the provisions of paragraph (2) below, a plant variety certificate shall
expire 25 years after its date of issue.