THE INFRINGEMENT OF AN EXCLUSIVE RIGHT TO A PLANT VARIETY

The infringement of an exclusive right to a plant variety is:

  • offering for sale or selling the propagating material of a variety protected by an exclusive right without a license from the breeder;
  • sowing the unlicensed material of a variety protected by an exclusive right that has been purchased previously (e.g. exchanged with a neighbor, bought at the markets)
  • sowing the material purchased as the feed, consumer or other material not being seed material;
  • sowing the harvested material of hybrid or synthetic varieties;
  • sowing the harvested material of species not being allowed to be used as
  • sowing the harvested material of a variety protected by an exclusive right without paying the fee to the breeder.

The National Act and Council Regulations (EC) provide civil law sanctions for the infringement of a breeder’s exclusive right to a plant variety.

infringement