In force2020 Revised Edition

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Plant Varieties Protection Act 2004 · 2020 Revised Edition · Part 5 · Scope and Nature of Grant of Protection

31. Exceptions to infringement of grant of protection

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(1)

It is not an infringement of a grant of protection in respect of a protected variety for any person to do —

(a)

any act privately and for a non-commercial purpose;

(b)

any act for any experimental or research purpose; or

(c)

any act for the purposes of breeding any other plant variety and, except in the case of an essentially derived or other plant variety to which the grant of protection is extended by virtue of section 29(1), any act that requires the grantee’s authorisation under section 28(1) in respect of such other variety.

(2)

It is not an infringement of a grant of protection for any person engaging in farming activities to use, for propagating purposes and for the purpose of safeguarding agricultural or horticultural production, on the person’s own holdings, harvested material from the protected variety where —

(a)

the genera or species within which the protected variety is classified has been prescribed for the purposes of this section as exempt from the rights of a grantee; and

(b)

the harvested material —

(i)

has been obtained by purchase or otherwise with the authority of the grantee concerned; or

(ii)

having been obtained in accordance with sub-paragraph (i), has subsequently been propagated or grown on those holdings.