Section 30: Scope of the breeder's right, essentially derived and certain other varieties.

(1) Subject to sections 30 and 31 of this Act, the following acts in respect of the propagating material of the protected variety shall require the authorisation of the holder of the breeder's right:
(a) production or reproduction(multiplication);
(b) conditioning for the purpose of propagation;
(c) offering for sale;
(d) selling or marketing;
(e) exporting;
(f) importing; and
(g) stocking for any purposes mentioned in paragraphs (a) - (f).
(2) The holder of the breeder's right may give his authorisation subject to conditions and limitations.
(3) Subject to the provisions of sections 30 and 31 of this Act, the acts referred to in subsection (l) (a) - (g) in respect of:
(a) harvested material, including entire plants and parts of plants, obtained through the unauthorised use of propagating material of the protected variety, shall require the authorisation of the holder of the breeder's right, unless the holder of the breeder's right has had reasonable opportunity to exercise his right in relation to the said propagating material; and
(b) products made directly from harvested material of the protected variety falling within the provision of paragraph (a) through the unauthorised use of the said harvested material, shall require the authorisation of the breeder, unless the breeder has had reasonable opportunity to exercise his right in relation to the said harvested material.
(4) The provisions of subsections (1) - (3) shall apply to a variety:
(a) that is essentially derived from the protected variety, where the protected variety is not itself an essentially derived variety;
(b) which is not clearly distinguishable in accordance with section 15 of this Act from the protected variety; and
(c) whose production requires the repeated use of the protected variety.
(5) For the purposes of subsection (4) (a), a variety shall be deemed to be essentially derived from another variety when:
(a) it is predominantly derived from the initial variety, or from a variety that is itself predominantly derived from the initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotype of the initial variety;
(b) it is clearly distinguishable from the initial variety; and
(c) 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.
(6) For the purpose of this section, an essentially derived variety may be obtained through:
(a) the selection of a natural, induced mutant or of semicolonial variant;
(b) the selection of a variant individual from plants of the initial variety; and
(c) backcrossing, or transformation by genetic engineering.