PROTECTED VARIETY AND VARIETIES: ALL...
Essentially Derived Varieties
not clearly distinguishable
whose production requires the repeated use of the protected variety
which are essentially derived from the protected variety
PROTECTED PLANT MATERIALS
All propagating material
Harvested material under certain conditions
IF obtained through unauthorized use of propagating material unless, reasonable opportunity for breeder to exercise his right
FOR EXAMPLE:
Variety X material is obtained in Country A and exported to Country B
Variety X is propagated in Country B
Exported to Country A as a harvested material (e.g. cut flowers)
The breeder of Variety X can exercise his rights on the imported harvested material
PROTECTED ACTS
- Sell or market the protected variety, or offer it or expose it for sale, deliver it, ship it, consign it, exchange it, or solicit an offer to buy it, or any other transfer of title or possession of it;
- Import or export the protected variety
- Sexually multiply, or propagate by a tuber or a part of a tuber, the variety
- Use the variety in producing (as distinguished from developing) a hybrid or different variety therefrom
- Use seed which had been marked "Unauthorized Propagation Prohibited'' or "Unauthorized Seed Multiplication Prohibited'' or progeny thereof to propagate the variety
- Dispense the variety to another, in a form which can be propagated, without notice as to being a protected variety under which it was received
- Condition the variety for the purpose of propagation, except to the extent that the conditioning is related to the activities permitted under section 113 (Breeder's Exemption)
- Stock the variety for any of the above purposes
- Instigate or actively induce performance of any of the foregoing acts