Section 32: Exhaustion of the breeder's right.

(1) The breeder's right shall not extend to an act concerning any material of the protected variety or of a variety covered by the provisions of section 30 (4) - (6) of this Act, which has been sold or otherwise marketed by the breeder or with his consent in Nigeria, or any material derived from the said material, unless the act involves:
(a) further propagation of the variety in question; or
(b) an export of material of the variety, which enables the propagation of the variety, into a country which does not protect varieties of the plant genius or species to which the variety belongs, except where the exported material is for final consumption purposes.
(2) In this section "material" means, in relation to a variety:
(a) propagating material of any kind;
(b) harvested material, including entire plants and parts of plants; and
(c) any product made directly from the harvested material.