
R 385
Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)Chapter 2 : Plant Breeders' Right11. Exhaustion of plant breeder's right |
A plant breeder’s right does not extend to any act concerning any material of the protected variety or of a variety covered by section 7(3) that has, in the Republic, been sold or otherwise marketed by the holder of a plant breeder’s right concerned, or sold or otherwise marketed with his or her written authorisation, or any material derived from the said material, unless the act—
(a) | involves further propagation of the variety in question; or |
(b) | involves exportation of material of the variety in question, which enables the propagation of the variety, into any country that does not protect varieties of the particular kind of plant, except where the exported material is for consumption purposes. |