Plant Breeder s Rights [No.18 of 2007 261 (5) Any delivery or storing of any propagating material in accordance with this subsection does not affect the ownership of the material and the material shall not be dealt with otherwise than for the purposes of this Act. (6) The Institute may use any propagating material stored at a plant genetic resource centre for the purposes set out in this Act. (7) Without limiting subsections (5) and (6), where any propagating material is stored at a plant genetic resource centre, the material shall not form part of the national collection, and shall not be used for the purposes of that collection, until a decision on the application for a plant breeder's rights is taken. (8) Where a variety is accorded recognition, the propagating material may be provided for purposes of any further research and breeding under the intimation of the depositor of the material. 39. (1) Aplant breeder's right in a plant variety is infringed Infringement of right by any person who-(a) not being the breeder of the plant variety registered under this Act, or a registered agent or licensee of that variety, undertakes any act stipulated under sub-section (I) of section seven in relation to the variety without the permission of the variety's breeder, or within the scope of a registered agent or licensee without permission of the registered agent or licensee as the case may be; (b) uses, sells, exports, imports or produces any other variety or gives a variety a denomination identical with or deceptively similar to the denomination of a variety registered under this Act, in such a manner that may cause confusion in the mind of the general public in identifying the variety that is registered. (2) A person who infringes a plant breeders right may be sued in any court of competent jurisdiction by the holder of a plant breeder's right for an injunction or damages or both. (3) A court may, in addition to the costs of an action under this Act, grant an injunction or damages or both as may appear to be reasonable or just in the circumstances of the case. (4) Any action or proceeding for an infringement of a plant breeder's rights may be instituted in writing in a court or, where agreeable to both parties, be submitted to arbitration in accordance AetNo. 11 of with the Arbitration Act. 2000 (5) A defendant in an action or proceeding for an infringement of plant breeder's rights in respect ofa variety may apply by way of counter-claim for the revocation of that plant breeder's rights on the grounds that-