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 3. offering for sale;

4. selling or otherwise marketing;

5. exporting;

6. importing; or

7. stocking for any of the purposes mentioned cited in this paragraph.

B. The authorization of the breeder shall be required to carry out the acts cited in paragraph (A) of this Article in respect of the harvested material, including the entire plants and parts of plants obtained through the unauthorized use of propagating material of the protected variety, unless the breeder has had reasonable opportunity to exercise the breeder’s right in relation to the said propagating materials.

C. The provisions of paragraphs (A) and (B) of this Chapter shall be also applicable to the following varieties:

1. The varieties which are essentially derived from the protected variety where the protected variety is not itself an essentially derived variety. The variety is considered essentially derived from another variety according to the following criteria;

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 genotypes 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. If it is similar to the original variety as for its main properties resulting from the hereditary composite or a group of the hereditary composites for the original variety, except what is related to the differences resulting from the derivation; Rh