[SCHEDULE A1 Derogation from Patent Protection in Respect of Biotechnological Inventions]

[SCHEDULE A1 Derogation from Patent Protection in Respect of Biotechnological Inventions]

[Section 60(5)(g)]

[Interpretation

1

In this Schedule—

.Ìý.Ìý.

“farmer's own holding†means any land which a farmer actually exploits for plant growing, whether as his property or otherwise managed under his own responsibility and on his own account;

“the gazette†means the gazette published under section 34 of the Plant Variety and Seeds Act 1964;

“protected material†means plant propagating material which incorporates material subject to a patent;

“relevant activity†means the use by a farmer of the product of his harvest for propagation or multiplication by him on his own holding, where the product of the harvest constitutes or contains protected material;

“relevant rights holder†means the proprietor of a patent to which protected material is subject;

“seed†includes seed potatoes;

“seed year†means the period from 1st July in one year to 30th June in the following year, both dates inclusive.

Specified species

2

Section 60(5)(g) applies only to varieties of the following plant species and groups:

NameCommon Name
Fodder plants
Cicer arietinum LChickpea milkvetch
Lupinus luteus LYellow lupin
Medicago sativa LLucerne
Pisum sativum L (partim)Field pea
Trifolium
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