2109
2012 Seeds and Plant Varieties (Amendment)
No. 53
(iii) by renumbering paragraph (b) as paragraph
(h).
(b) inserting the following new subsections
immediately after subsection (1) —
(1A) the matters referred to in subsection (1)
(a) to (g) in respect of harvested material,
including entire plants and parts of plants,
obtained through the unauthorized use of
propagating material of the protected variety shall
require the permission of the breeder, unless the
breeder has had reasonable opportunity to exercise
his right in relation to that propagating material.
(1B) Subject to subsections (1) and (1A), the
matters referred to in subsection (1) (a) in respect
of products made directly from harvested material
of the protected variety falling within the
provisions of subsection (1) (b) through the
unauthorized use of the said harvested material
shall require the permission of the breeder, unless
the breeder has had reasonable opportunity to
exercise his right in relation to the said harvested
material.
(1C) The provisions of subsection (1) (a) to
(c) shall in addition apply in relation to—.
(a)- varieties which are essentially derived
from the protected variety, where the
protected variety is not itself an
essentially derived variety;
(b) varieties which are not clearly
distinguishable from the protected
variety„ and
(c) varieties whose production requires the
repeated use of the protected variety.