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Exceptions to breeder’s right

Cap. 255, s. 18 · Revised Edition 2020

(1) The breeder’s right shall not extend to, (a) acts done privately and for non-commercial purposes; (b) acts done for experimental purposes; and (c) acts done for the purpose of breeding other varieties, and, except where the provisions of section 7 (3) of this Act, apply, acts referred to in section 17 (1) and (2) of the Act in respect of such other varieties. (2) The Minister may by regulations, within reasonable limits and subject to the safeguarding of the legitimate interests 16 of the holders of breeder’s rights, restrict the breeder’s right in relation to the varieties of any specified plant genera or species in order to permit farmers to use for propagating purposes, on their own holdings, the product of the harvest which they have obtained by planting, on their own holdings, the protected variety or a variety covered by section 17 (3) (a) (i) or (ii) of this Act.
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