d) use plants or propagating material of a protected variety as an initial source of
variation for purpose of developing another new plant variety except where the person
makes repeated use of plants or propagating material of the variety for the commercial
production of another variety;
e) sprout a protected variety for use as food for home consumption or for the market;
f) use a protected variety in further breeding, research or teaching;
g) obtain, with the conditions of utilization, protected variety from gene banks or plant
genetic resources centers.
2/ Notwithstanding the provisions of Sub-Article (1) of this Article, farmers cannot sell farmsaved seed or propagating material of a protected variety in the seed industry on
commercial scale.
7. Restrictions on Plant Breeders' Right
1/ The Ministry may, when public interest so requires, due to the following grounds, put
restrictions on the exercise of a plant breeders' right where:
a) problems arise due to competitive practices of holders;
b) food security, nutritional or health needs or biological diversity are found adversely
affected;
c) a high proportion of a protected variety offered for sale is being imported;
d) the requirements of the farming community for prorogating material of a particular
protected variety are not met;
e) it is considered important to promote public interest for socio-economic reasons and
for developing indigenous and other technologies.
2/ When the Ministry decides to put restrictions on the exercise of a plant breeders' right, it
shall:
a) give to the holder the copy of the decision setting out the particulars of the
restrictions;
b) give public notice of the restrictions; and
c) specify the compensation to be paid to the holder.
3/ where the holder is dissatisfied with the compensation decided to be paid, he may lodge
his appeal in accordance with Article 34 of this Proclamation.
8. Compulsory Licensing
1/ Without prejudice to the provisions of Article 8 of this Proclamation, the Ministry may, to
safeguard public interest, grant a compulsory license upon application by any interested
person.