Article 5
Rights Protected; Scope of Protection
(1) The effect of the right granted to the breeder is that his prior authorisation shall be
required for
- the production for purposes of commercial marketing
- the offering for sale
- the marketing
of the reproductive or vegetative propagating material, as such, of the variety.
Vegetative propagating material shall be deemed to include whole plants. The right of
the breeder shall extend to ornamental plants or parts thereof normally marketed for purposes
other than propagation when they are used commercially as propagating material in the
production of ornamental plants or cut flowers.
(2) The authorisation given by the breeder may be made subject to such conditions as
he may specify.
(3) Authorisation by the breeder shall not be required either for the utilisation of the
variety as an initial source of variation for the purpose of creating other varieties or for the
marketing of such varieties. Such authorisation shall be required, however, when the repeated
use of the variety is necessary for the commercial production of another variety.
(4) Any member State of the Union may, either under its own law or by means of
special agreements under Article 29, grant to breeders, in respect of certain botanical genera or
species, a more extensive right than that set out in paragraph (1), extending in particular to the
marketed product. A member State of the Union which grants such a right may limit the
benefit of it to the nationals of member States of the Union which grant an identical right and
to natural and legal persons resident or having their registered office in any of those States.