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Plant Varieties Act 1997

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This is the original version (as it was originally enacted).

10Exhaustion of rights

(1)Plant breeders' rights shall not extend to any act concerning material of a variety if the material—

(a)has been sold or otherwise marketed in the United Kingdom by, or with the consent of, the holder of the rights, or

(b)is derived from material which has been so sold or otherwise marketed.

(2)Subsection (1) above shall not apply where the act involves—

(a)further propagation of the variety, or

(b)the export of material which enables propagation of the variety to a non-qualifying country, otherwise than for the purposes of final consumption.

(3)For the purposes of subsection (2)(b) above, a non-qualifying country is one which does not provide for the protection of varieties of the genus or species to which the variety belongs.

(4)In this section, “material”, in relation to a variety, means—

(a)any kind of propagating material of the variety,

(b)harvested material of the variety, including entire plants and parts of plants, and

(c)any product made directly from material falling within paragraph (b) above.

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