Plant Varieties Protection Act · s 31

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s 31Exhaustion of grant of protection

(1)

An act concerning —

(a)

any material of a protected variety, or of a variety covered by the provisions of section 28, which has been sold or otherwise marketed in Brunei Darussalam by or with the consent of the grantee;

(b)

any material that is derived from such material, does not infringe a grant of protection, unless such act involves —

(i)

further propagation of the variety; or

(ii)

the export of any material of the variety, which enables the propagation of the protected variety into a country or territory which does not protect varieties of the plant genus or species to which the variety belongs, except where the exported material is for final consumption purposes.

(2)

In this section, “material” means —

(a)

propagating material of any kind;

(b)

harvested material, including entire plants and parts of plants; and

Plant Varieties Protection 28

(c)

any product made directly from the harvested material.