Section 14: Novelty.

(1) The variety is deemed to be new if, at the date of filing of the application for a breeder's right, propagating or harvested material of the variety has not been sold or otherwise disposed of to any person with the consent of the breeder, for purposes of exploitation of the variety in:
(a) Nigeria, earlier than one year before the date of filing the application; and
(b) a territory other than Nigeria earlier than:
(i) four years, or
(ii) six years before the said date in the case of a tree or vine.
(2) Subject to subsection (1), the following acts shall not be considered to result in the loss of novelty:
(a) a trial of the variety not involving sale or disposal of, to others for purposes of exploitation of the variety; and
(b) sale or disposal of, to:
(i) others without the consent of the breeder,
(ii) any person that forms part of an for the transfer of rights to the successor-in-title,
(iii) any person that forms part of an agreement under which a person multiplies propagating material of the variety concerned on behalf of the breeder, provided that the property in the multiplied material reverts to the breeder and the multiplied material is not used for the production of another variety,
(iv) any person that forms part of an agreement under which a person undertakes field tests or laboratory trials, or small-scale processing trials with a view of evaluating the variety,
(v) any person that forms part of the fulfillment of a statutory or administrative obligation concerning biological security or the entry of varieties in an official catalogue of varieties admitted to trade,
(vi) any person of harvested material which is a by- product or a surplus product of the creation of the variety or of the activities referred to in subparagraphs (iii) - (v) provided that the said material is sold or disposed of without variety identification for the purposes of consumption, and
(vii) any person due to or in consequence of the fact that the breeder had displayed the variety at an official or officially recognised exhibition.