11/ "Propagating material" means any part of a plant which can be propagated.
12/ "Person" means natural person or juridical person.
13/ "Institution" means a state or private organization having juridical personality.
3. Scope of Application
1/ This Proclamation shall apply to new plant varieties of the genera and species, which
the Ministry shall determine by directives;
2/ The Ministry may revise, from time to time, as necessary, the list of the plant genera and
species to which this Proclamation shall apply.
PART TWO
PLANT BREEDERS' RIGHT
4. Protection of Right
Subject to the conditions and limitations provided for in this Proclamation, a breeder shall
be granted a plant breeders' right in respect of his new plant variety.
5. Scope of Plant Breeder's Right
1/ Subject to the exemptions and restrictions provided for in this Proclamation, a plant
breeders' right entitles the holder an exclusive right to:
a) sell, including the right to license other persons to sell, the seed or propagating
material of the protected variety; and
b) produce, including the right to license other persons to produce, propagating
material of the protected variety for sale.
2/ The carrying out of the activities referred to in Sub-Article (1) of this Article by other
persons with respect to a protected variety is prohibited unless with the authorization of the
holder.
6. Exemptions to Plant Breeders' Right
1/ Notwithstanding the existence of a plant breeder's right, any person or farmers'
community may:
a) propagate, grow and use a protected variety for purposes other than commerce;
b) sell plants or the propagating material of the protected variety for use as food or for
any other use that does not involve growing the plant or the propagating material of
the protected variety;
c) sell plants or propagating material of a protected variety as they are within a farm or
any other place where plants of the variety are gown;