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The effects of a community plant variety right
A holder of a CPVR is entitled to effect certain acts in relation to the protected variety. Others wishing to effect those acts must firstly obtain the authorisation of the holder, who may attach conditions and limitations to this authorisation. The acts in question are:
(a) production or reproduction (multiplication),
(b) conditioning for the purpose of propagation,
(c) offering for sale,
(d) selling or other marketing,
(e) exporting from the Community,
(f) importing to the Community,
(g) stocking for any of the purposes mentioned under points (a) to (f).
The scope of the CPVR extends to harvested material of the variety (for example fruit and cut flowers which are imported into the Community) where these are obtained through the unauthorized use of variety constituents of the protected variety and where the breeder has not had the possibility to exercise his right at the place of production.
A derogation from the right is the so called “farm saved seed” exemption which is laid down in Article 14 of the Council Regulation and is applicable to certain agricultural species only.
Article 15 lists five categories of acts which do not fall under the scope of the CPVR, the most important ones are mentioned below:
(a) acts done privately and for non-commercial purposes,
(b) acts done for experimental purposes and
(c) acts done for the purpose of breeding, or discovering and developing other varieties.