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I No. 18 of 2007
Plant Breeder s Rights
(b) it does not exhibit any important features that differentiate
it from that other variety;
(e) it is clearly distinguishable from the initial variety; and
Exemptions
to rights of
breeder
(d) 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.
(4) An essentially derived variety may be obtained by the
selection of a natural or induced mutant or of a somaclonal variant,
the selection of any variant individual from any plant of the initial
variety, back crossing, or transformation by genetic engineering.
8. (I) Notwithstanding the existence of a plant breeder's rights
in respect of a plant variety, any person or farmer may(a) propagate, grow and use any plant of the variety for
purposes other than commerce;
(b) sell any plant or propagating material of the variety as
food or for another use that does not involve the growing
of the plant or the propagation of that variety;
(e) sell within a farm or any other place at which any plant of
the variety are grown, any plant or propagating material
of the variety at that place;
(d) use any plant or propagating material of the variety as an
initial source of variation for the purposes of developing
another new plant variety except where the person
makes repeated use of the plant or propagating material
of the first mentioned variety for the commercial
production of another variety;
(e) sprout the protected variety as food for home consumption
or for the market;
(j)use the protected variety for further breeding, research or
teaching; and
(g) obtain, with the conditions ofutilisation, the protected variety
from a gene bank or plant genetic resource centre.
(2) A farmer may save, exchange or use part of the seed from
the first crop of a plant which the farmer has grown for sowing in
the farmer's farm to produce a second and subsequent crop.
(3) Any act done in relation to a plant variety
covered by a plant breeder's right that is done for any of the
following purposes does not infringe any plant breeder's right: