(b) subject to die provisions ofsubsection (2), sells any plant, propagating reproductive material or
product derived therefrom from that propagating material for purposes other than the further
propagation or multiplication thereof Provided that the provisions ofthis paragraph shall not
permit the sale of a product if such sale is in terms ofsubsection (lA) subject to a plant breeder's
right; or;
(c) uses or multiplies it that propagating material in the development of a hybrid or a different
variety or for purposes of any other bonafide research: Provided that the repeated lise, without the
necessary authority, ofthe relevant propagating material for the commercial production of a
different variety, shall constitute an infringement of a plant breeder's right;
(d) uses that propagating material for purposes ofbonafide research;
(e) uses that propagating material for private or non-commercial purposes; or
(f) is a farmer who on land occupied by him or her uses harvested material obtained on such land
from that propagating materialfor purposes ofpropagation: Provided that harvested material
obtainedfrom the replanted propagating material shall not be used for purposes ofpropagation by
any person other than that farmer.
(4) (7) Notwithstanding the provisions of subsection (3)(b) (6)(b), an ornamental plant in respect of
which a plant breeder's right has been granted and any part thereof which is normally sold for
purposes other than the multiplication thereof, shall enjoy the protection of such right when it is used
commercially as propagating material in the production of such ornamental plant or of a cut flower.
(5) (8) A notice in terms of subsection (lA) (2) shall, in any case where the holder of the plant
breeder's right in question is a citizen of, or is domiciled in, a convention country or an agreement
country or, in the case of a juristic person, has a registered office in a convention country or an
agreement country, be issued only if such holder can in terms of the laws of such country obtain
corresponding protection in that country.".
Insertion of section 23A in Act 15 of 1976
14. The following section is hereby inserted in the principal Act after section 23:
"Infringement of plant breeder's right
23A. A plant breeder's right shall be infringed by any penon
\\110-
(a) not being the holder ofthe plant breeder's right, performs, or causes to be pelfarmed an act
contemplated in section 23(1) without a licence obtained under section 25 or 2 7:
(b) has obtained a licence under section 25 01' 27 butfails to comply with any term or condition
thereof;
(c) uses the approved denomination of a protected variety iii relation to plants or propagating
material ofany other variety/or any purpose whatsoever, and
10