2110
2012
No. 53 Seeds and Plant Varieties (Amendment)
(1D) For the purposes of subsection (1C) (a),
a variety shall be deemed to be essentially derived
from another variety ("the initial variety")
where—
(a) it is 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;
(b) it is clearly distinguishable from the
initial variety, and
(c) except for the differences which result
from the act of derivation, it conforms to
the initial variety in the expression of the
essential characteristics that result from
the genotype or combination of genotypes
of the initial variety.
( 1 E) Notithstanding the provisions of
subsection (1), within reasonable limits and
subject to the safeguarding of the legitimate
interests of the breeder, farmers may use the
product of the harvest which they have obtained
by planting, on their oWn holdings, the protected
variety
(c) in subsection (2) by inserting the words: "and
harvested material and products" immediately after
the word "reproductive";
(d) in subsection (4) by deleting the word "authorizing"
and substituting therefor the word "permitting".
(e) in subsection (S)--