Plant Breeder's Rights (3) [ No. 18 of2007 249 Restrictions may be imposed where- (a) problems with competitive practices of a rights holder are identified; (b) food security or public nutritional or health needs are adversely affected; (c) a high proportion of the plant variety offered for sale is being imported; (d) the requirements of the farming community for propagating material of a particular variety are not met; and (e) where it is c.onsidered important to promote the public interest for socio-economic reasons and for developing indigenous and other technologies. (4) The Institute shall, where restrictions are imposed on a plant breeder's rights within fourteen days thereof- (a) give the grantee a copy of the instrument setting out the conditions of the restriction and the reasons therefor; (b) (c) give a public notice to that effect; and specify the compensation to be awarded to the holder of the affected rights. (5) Any rights holder affected by any restriction under subsection (1) or (2) may appeal against the decision to the Appeals Board. (6) The Institute may convert any exclusive plant breeder's rights granted under this Act to non-exclusive plant breeder's rights. 13. (1) A plant breeder's right does not extend to any act concerning the propagation of material of any protected variety, or of a variety covered under sub-section (2), which bas been sold or otherwise marketed by the breeder or with the breeder's consent in Zambia, or any material derived from the propagating material, unless the act(a) involves a further propagation of the variety in question; or (b) involves an exportation of the material of any variety which enables the propagation of the variety into any country which does not protect variety of any plant genera or species to which the variety belongs, except where the exported material is for consumption purposes. (2) For purposes of sub-section (1), "materiaI " means, in relation to a variety- Exhaustion of plant breeder's right

Sélectionner le paragraphe cible3