As is known, for sowing varieties protected by the exclusive right, a farmer can use certified seed with an official label or material from his own harvest, under the privilege of an agricultural exemption (FSS). However, not all varieties and species are permitted by agricultural exemption law.

Particular attention should be paid when planning sowing farm-saved seed of soybean and narrow-leaved lupine varieties. We remind you that soybean and narrow-leaved lupine varieties protected by PBR at Community level are not allowed for agricultural derogation! This means that a farmer can only use certified seed to sow these varieties, otherwise he will infringe the exclusive right. If a soybean or lupine variety is protected by PBR at Polish national level, such a restriction does not apply and the farmer has the right to use farm-saved seed for sowing, in accordance with the principles of the agricultural exemption privilege.

A farmer who wishes to sow material from his own harvest of soybean or narrow-leaved lupine protected at Community level should seek written consent from the relevant breeder, preferably in the form of a license agreement. However, he should do this before sowing, and not after the fact, so as not to infringe the exclusive right.

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We remind you that if you intend to use material from your own harvest for sowing, you must first make sure:

• whether the selected variety is protected by the exclusive right
• if so, whether it is protected at national or Community level
• whether the law allows sowing this variety under the agricultural exemption

Lists of species permitted for agricultural exemptions and links to variety finders are available here.
We also provide assistance and explanations by phone or e-mail.