reproducing or multiplying reproductive material of—
(a)
the plant concerned; and
(b)
any other plant that is essentially derived from the plant concerned, as
described in subsection (2), unless the plant concerned is itself essentially derived
from another plant.
(2) For the purposes of subsection (1), a plant shall be deemed to be essentially
derived from another plant if—
(a)
it is predominantly derived from—
(i)
that other plant; or
(ii)
a plant that is itself predominantly derived from that other plant;
while retaining the expression of the essential characteristics that result
from the genotype or combination of genotypes of that other plant; and
(b)
it is clearly distinguishable from that other plant by one or more
characteristics which are capable of precise description; and
(c)
except for differences that result from the act of derivation, it
conforms to that other plant in the expression of the essential characteristics that
result from the genotype or combination of genotypes of that other plant;
whether the plant has been derived through the selection of a mutant or variant, or
through crossing, genetic engineering or any other means.
(3) Notwithstanding that plant breeders rights subsist in relation to any plant—
(a)
a person may use the plant as an initial source of variation for the
purpose of creating any other new variety:
Provided that this paragraph shall not apply where the plant is repeatedly sued for the
reproduction or multiplication of another variety.
(b)
a person who has purchased the plant, or reproductive material
thereof, from the holder of plant breeders rights or from a person authorised by the
holder may grow and resell the plant and any material harvested from it:
Provided that he shall not do so for the sole or primary purpose of reproducing or
multiplying the plant;
(c)
a farmer who cultivates less than ten hectares of land may use the
harvest from any prescribed plant for the purpose of propagating the plant on that
land, where the harvest was obtained by propagating the plant on that land or by
propagating another plant, which is essentially derived from the plant concerned, on
that land;
(d)
a farmer who derives at least eighty per centum of his annual gross
income from farming on communal land or on resettlement land as defined in section
2 of the Rural District Councils Act [Chapter 29:13] may—
(i)
multiply the seeds of any prescribed plant; and
(ii)
exchange with any other such farmer—
A.
any prescribed plant which he has grown or reproduced on his land;
and
B.
any seeds from a plant referred to in subparagraph A;
and
(iii)
donate any plant or seed referred to in subparagraph (ii) to the State or
a statutory body or to any other organisation which the Minister has authorised to
seek such a donation;
and such other conduct shall not be an infringement of the holder’s rights under
subsection (1).
[substituted by Act 11 of 2001 with effect from 27 July, 2001]
17A Duration of plant breeders rights
(1) Subject to this Act, the term of the plant breeders rights shall be twenty years from