Section 30
Exceptions to infringement of grant of protection
of Plant Varieties Protection Act
(1)
It is not an infringement of a grant of protection in respect of a protected variety for any person to do —
(a)
any act privately and for a non-commercial purpose;
(b)
any act for any experimental purpose;
(c)
any act for the purposes of breeding any other plant variety, and, except where the provisions of section 28 apply, any act referred to under section 27 in respect of such other variety.
Plant Varieties Protection
B.L.R.O. 9/2022 27
(2)
It is not an infringement of a grant of protection for any person engaging in farming activities to use, for propagating purposes, within reasonable limits and subject to the safeguarding the legitimate interests of the grantee, on his own holdings, the product of the harvest which he has obtained by planting, on his own holdings, the protected variety or a variety covered by section 28(1)(a) or (b) where —
(a)
the plant genus or species to which the protected variety belongs has been prescribed for the purposes of this section as exempt from the rights of a grantee; and
(b)
the use of propagating material takes place in accordance with the prescribed reasonable limits and the prescribed means for safeguarding of the legitimate interests of the grantee.