246 I No. 18 of 2007 Plant Breeder s Rights (b) it does not exhibit any important features that differentiate it from that other variety; (e) it is clearly distinguishable from the initial variety; and Exemptions to rights of breeder (d) except for the differences which result from the act of derivation, it conforms to the initial variety in the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety. (4) An essentially derived variety may be obtained by the selection of a natural or induced mutant or of a somaclonal variant, the selection of any variant individual from any plant of the initial variety, back crossing, or transformation by genetic engineering. 8. (I) Notwithstanding the existence of a plant breeder's rights in respect of a plant variety, any person or farmer may(a) propagate, grow and use any plant of the variety for purposes other than commerce; (b) sell any plant or propagating material of the variety as food or for another use that does not involve the growing of the plant or the propagation of that variety; (e) sell within a farm or any other place at which any plant of the variety are grown, any plant or propagating material of the variety at that place; (d) use any plant or propagating material of the variety as an initial source of variation for the purposes of developing another new plant variety except where the person makes repeated use of the plant or propagating material of the first mentioned variety for the commercial production of another variety; (e) sprout the protected variety as food for home consumption or for the market; (j)use the protected variety for further breeding, research or teaching; and (g) obtain, with the conditions ofutilisation, the protected variety from a gene bank or plant genetic resource centre. (2) A farmer may save, exchange or use part of the seed from the first crop of a plant which the farmer has grown for sowing in the farmer's farm to produce a second and subsequent crop. (3) Any act done in relation to a plant variety covered by a plant breeder's right that is done for any of the following purposes does not infringe any plant breeder's right: