Page:United States Statutes at Large Volume 84 Part 2.djvu/225

 84 STAT. ]

PUBLIC LAW 91-577-DEC. 24, 1970

(3) sexually multiply the novel variety as a step in marketing (for growing purposes) the variety; or (4) use the novel variety in producing (as distinguished from developing) a hybrid or different variety therefrom; or (5) use seed which had been marked "propagation prohibited" or progeny thereof to propagate the novel variety; or (6) dispense the novel variety to another, in a form which can be propagated, without notice as to being a protected variety under which it was received; or (7) perform any of the foregoing acts even in instances in which the novel variety is multiplied other than sexually, except in pursuance of a valid United States plant patent; or (8) instigate or actively induce performance of any of the foregoing acts. Sec. 112. Grandfather Clause. Nothing in this Act shall abridge the right of any person, or his successor in interest, to reproduce or sell a variety developed and produced by such person more than one year prior to the effective filing date of an adverse application for a certificate of plant variety protection. Sec. 113. Right To Save Seed; Crop Exemption. Except to the extent that such action may constitute an infringement under subsections (3) and (4) of section 111, it shall not infringe any right hereunder for a person to save seed produced by him from seed obtained, or descended from seed obtained, by authority of the owner of the variety for seeding purposes and use such saved seed in the production of a crop for use on his farm, or for sale as provided in this section: Provided, That without regard to the provisions of section 111(3) it shall not infringe any right hereunder for a person, whose primary farming occupation is the growing of crops for sale for other than reproductive purposes, to sell such saved seed to other persons so engaged, for reproductive purposes, provided such sale is in compliance with such State laws governing the sale of seed as may be applicable. A bona fide sale for other than reproductive purposes, made m channels usual for such other purposes, of seed produced on a farm either from seed obtained by authority of the owner for seeding purposes or from seed produced by descent on such farm from seed obtained by authority of the owner for seeding purposes shall not constitute an infringement. A purchaser who diverts seed from such channels to seeding purposes shall be deemed to have notice under section 127 that his actions constitute an infringement. Sec. 114. Research Exemption. The use and reproduction of a protected variety for plant breeding or other bona fide research shall not constitute an infringement of the protection provided under this Act. Sec. 115. Intermediary Exemption. Transportation or delivery \yy a carrier in the ordinary course of its business as a carrier, or advertising by a person in the advertising business in the ordinary course of that business, shall not constitute an infringement of the protection provided under this Act.

47-348 O - 72 - 15 (Pt. 2)

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