(b) subject to die provisions ofsubsection (2), sells any plant, propagating reproductive material or product derived therefrom from that propagating material for purposes other than the further propagation or multiplication thereof Provided that the provisions ofthis paragraph shall not permit the sale of a product if such sale is in terms ofsubsection (lA) subject to a plant breeder's right; or; (c) uses or multiplies it that propagating material in the development of a hybrid or a different variety or for purposes of any other bonafide research: Provided that the repeated lise, without the necessary authority, ofthe relevant propagating material for the commercial production of a different variety, shall constitute an infringement of a plant breeder's right; (d) uses that propagating material for purposes ofbonafide research; (e) uses that propagating material for private or non-commercial purposes; or (f) is a farmer who on land occupied by him or her uses harvested material obtained on such land from that propagating materialfor purposes ofpropagation: Provided that harvested material obtainedfrom the replanted propagating material shall not be used for purposes ofpropagation by any person other than that farmer. (4) (7) Notwithstanding the provisions of subsection (3)(b) (6)(b), an ornamental plant in respect of which a plant breeder's right has been granted and any part thereof which is normally sold for purposes other than the multiplication thereof, shall enjoy the protection of such right when it is used commercially as propagating material in the production of such ornamental plant or of a cut flower. (5) (8) A notice in terms of subsection (lA) (2) shall, in any case where the holder of the plant breeder's right in question is a citizen of, or is domiciled in, a convention country or an agreement country or, in the case of a juristic person, has a registered office in a convention country or an agreement country, be issued only if such holder can in terms of the laws of such country obtain corresponding protection in that country.". Insertion of section 23A in Act 15 of 1976 14. The following section is hereby inserted in the principal Act after section 23: "Infringement of plant breeder's right 23A. A plant breeder's right shall be infringed by any penon \\110- (a) not being the holder ofthe plant breeder's right, performs, or causes to be pelfarmed an act contemplated in section 23(1) without a licence obtained under section 25 or 2 7: (b) has obtained a licence under section 25 01' 27 butfails to comply with any term or condition thereof; (c) uses the approved denomination of a protected variety iii relation to plants or propagating material ofany other variety/or any purpose whatsoever, and 10