Plant Varieties Protection Act · 2022 Revised Edition · Part · Scope and Nature of Grant of Protection
30. Exceptions to infringement of grant of protection
Official textFrom Attorney General's Chambers, unchanged
It is not an infringement of a grant of protection in respect of a protected variety for any person to do —
grant of protection
“grant of protection” means a grant of protection made by the Registrar under section 20;
any act privately and for a non-commercial purpose;
any act for any experimental purpose;
any act for the purposes of breeding any other plant variety, and, except where the provisions of section 28 apply, any act referred to under section 27 in respect of such other variety.
Plant Varieties Protection
It is not an infringement of a grant of protection for any person engaging in farming activities to use, for propagating purposes, within reasonable limits and subject to the safeguarding the legitimate interests of the grantee, on his own holdings, the product of the harvest which he has obtained by planting, on his own holdings, the protected variety or a variety covered by section 28(1)(a) or (b) where —
the plant genus or species to which the protected variety belongs has been prescribed for the purposes of this section as exempt from the rights of a grantee; and
the use of propagating material takes place in accordance with the prescribed reasonable limits and the prescribed means for safeguarding of the legitimate interests of the grantee.
Terms defined in s 2
grant of protection
Defined · s 2“grant of protection” means a grant of protection made by the Registrar under section 20;
plant
Defined · s 2“plant” includes all fungi and algae but does not include bacteria, bacteroids, mycoplasmas, viruses, viroids and bacteriophages;
propagating material
Defined · s 2“propagating material”, in relation to a plant of a particular plant variety, means any part or product from which, whether alone or in combination with other parts or products of that plant, another plant with the same characteristics can be produced;
protected variety
Defined · s 2“protected variety” means a plant variety in respect of which complies with the conditions of protection by virtue of sections 21 and 35;
variety
Defined · s 2“variety” means a plant grouping within single botanical taxon of the lowest known rank, which grouping, irrespective of whether the conditions for the grant of breeder’s right are fully met, can be — (a) defined by the expression of the characteristics resulting from a given genotype or combination of genotypes; (b) distinguished from any other plant grouping by the expression of at least one said characteristics; and (c) considered as a unit with regard to its suitability for being propagated unchanged.
Part
Authorisation and Compulsory Licences
Part
Notice of Protection
Part
Denomination
Part
Register of Plant Varieties
Part
Offences
Part
Assistance by Border Authorities
Part