2109 2012 Seeds and Plant Varieties (Amendment) No. 53 (iii) by renumbering paragraph (b) as paragraph (h). (b) inserting the following new subsections immediately after subsection (1) — (1A) the matters referred to in subsection (1) (a) to (g) in respect of harvested material, including entire plants and parts of plants, obtained through the unauthorized use of propagating material of the protected variety shall require the permission of the breeder, unless the breeder has had reasonable opportunity to exercise his right in relation to that propagating material. (1B) Subject to subsections (1) and (1A), the matters referred to in subsection (1) (a) in respect of products made directly from harvested material of the protected variety falling within the provisions of subsection (1) (b) through the unauthorized use of the said harvested material shall require the permission of the breeder, unless the breeder has had reasonable opportunity to exercise his right in relation to the said harvested material. (1C) The provisions of subsection (1) (a) to (c) shall in addition apply in relation to—. (a)- varieties which are essentially derived from the protected variety, where the protected variety is not itself an essentially derived variety; (b) varieties which are not clearly distinguishable from the protected variety„ and (c) varieties whose production requires the repeated use of the protected variety.

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