9 Farm saved seed

9  Farm saved seed

(1)     Subject to subsection (2) below, plant breeders' rights shall not extend to the use by a farmer for propagating purposes in the field, on his own holding, of the product of the harvest which he has obtained by planting on his own holding propagating material of—

(a)     the protected variety, or

(b)     a variety which is essentially derived from the protected variety.

(2)     Subsection (1) above only applies if the material is of a variety which is of a species or group specified for the purposes of this subsection by order made by the Ministers.

(3)     If a farmer's use of material is excepted from plant breeders' rights by subsection (1) above, he shall, at the time of the use, become liable [(subject to any contractual agreement entered into between the farmer and the holder of the plant breeders' rights)]

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