2/ The court shall order the revocation of the plant breeders' right in question, if any of the
grounds specified in Article 23(1) of this Proclamation is proved to exist by the counter
claim.
3/ Where the court orders the revocation of the plant breeders' right, the defendant shall
serve the copy of the court order to the Ministry. Upon receiving the court order, the
Ministry shall register the revocation of the plant breeders' right and give public notice of
the revocation.
PART FIVE
FARMERS' RIGHT
27. Principle
Farmers' Right stem from the enormous contibutions that local farmers have made and will
contiune to make in the consersvation and sustainable use of plant gentitic resources that
constitute the basis of breeding for food and agricultural production.
28. Farmers' Right
1/ In relation to the use of plant varities, farmers shall have the following rights:
a) to save, use, exchange and sell farm-saved seed or propagating material of farmers'
varieties;
b) to use protected varieties including material obtained from gene banks or plant
genetic resource centres to develop farmers' varieties;
c) to save, use, multply, exchange and sell farm-saved seed or propagating material of
protected varieties.
2/ Notwithstanding the provisions of Sub-Article (1) of this Article, farmers may not sell
farm-saved seed or propagating material of a protected variety in the seed industry as a
certified seed.
PART SIX
MISCELLANEOUS PROVISIONS
29. Penalty
Any person who infringes a plant breeders' right shall, in addition to the confiscation of the
seed or propagating material of the protected variety which is the proceed of the
infringement, be punished with imprisonment not exceeding three years or a fine up to five
thousand Birr or with both such imprisonment and fine.
30. Appeals
A party who is aggrieved of a decision on the granting, refusal, revocation or restriction of
a plant breeders' right may lodge an appeal to the federal high court within sixty days from
the date of receipt of the decision.