Document ID: chunk:federal_register_of_legislation:C2024C00537:section:43:p2
Version: federal_register_of_legislation:C2024C00537
Segment Type: section
Provision Reference: s 43 (pt 2/2)
Character Range: 97726–99827

the breeder; and
 (b) under the agreement for the sale, immediately after the plant material is multiplied, property in the new plant material vests in the breeder.
 (7B) Subsection (6) does not apply to a sale of plant material of a plant variety to a person by, or with the consent of, the breeder if the sale is part of an agreement under which the person agrees to use plant material of that variety for the sole purpose of evaluating the variety in one or more of the following tests or trials:
 (a) field tests;
 (b) laboratory trials;
 (c) small‑scale processing trials;
 (d) tests or trials prescribed for the purposes of this subsection.
 (7C) Subsection (6) does not apply to a sale of plant material of a plant variety to a person by, or with the consent of, the breeder if:
 (a) the sale only involves plant material that is a by‑product or surplus product of one or more of the following:
 (i) the creation of the variety;
 (ii) a multiplication of the variety;
 (iii) tests or trials covered by subsection (7B); and
 (b) the plant material is sold:
 (i) without identification of the plant variety of the plant material; and
 (ii) for the sole purpose of final consumption.
 (8) In addition to any other reason for treating a plant variety as a variety of common knowledge, a variety is to be treated as a variety of common knowledge if:
 (a) an application for PBR in the variety has been lodged in a contracting party, or in a foreign country that is not a contracting party; and
 (b) the application is proceeding, or has led, to the grant of PBR.
 (9) A plant variety that is to be treated as a variety of common knowledge under subsection (8) because of an application for PBR in the variety is to be so treated from the time of the application.
 (10) In this section:
plant material, in relation to a plant variety, means one or more of the following:
 (a) propagating material of the plant variety;
 (b) harvested material of the plant variety;
 (c) products obtained from harvested material of the plant variety.
variety has the same meaning as in the 1991 Act of the Convention.