— offering for sale;
— selling or any other form of marketing;
— exporting;
— importing;
— stocking for any of the purposes mentioned above.
Subject to the provisions of Articles 17 and 18 below, where the breeder has not been
able to exercise his right in respect of the propagating material, he may exercise his right
relating to the acts referred to in the second paragraph above in respect of the harvested
material or the processed product.
Under subsection (c) above, a variety essentially derived from another variety (initial
variety) shall be defined as follows:
— a variety predominantly derived from the initial variety, or from a variety that is
itself predominantly derived from the initial variety, while retaining the expression of the
essential characteristics that result from the genotype or combination of genotypes of the
initial variety;
— a variety which is clearly distinguishable from the initial variety; and
— except for the differences stemming from derivation, a variety which is consistent
with the initial variety in the expression of the essential characteristics which result from the
genotype or the combination of genotypes of the initial variety.
17. The breeder’s right shall not extend to:
— acts done privately and for non-commercial purposes;
— acts done for experimental purposes;
— acts done for the purpose of breeding new varieties as well as the acts provided for
in the second and third paragraphs of Article 16 above, done with such varieties, provided
that:
* the protected variety is not used repeatedly with a view to producing the new variety;
* the new variety is not essentially derived from the protected variety where the
protected variety is not itself an essentially derived variety;
* the new variety is clearly distinguishable from the protected variety.
— acts done by farmers for the purpose of breeding other varieties, on their own
holding, by using the harvested material which they have obtained by growing the protected
variety, except for arboricultural, ornamental and floral plants.
18. The breeder’s right shall not extend to acts concerning any material of his variety or
a variety essentially derived from his variety, which has been sold or marketed by the breeder
or with his consent, unless such acts:
(a) involve further propagation of the variety in question, or
(b) involve an export of material of the variety, which enables the propagation of the
variety, to a country which does not protect varieties of the plant genus or species to which
the variety belongs, except where the exported material is for final consumption purposes.
For the purposes of the first paragraph above, “material” means, in relation to a variety: