Section 43Sec./Art. 43

Exceptions to Plant Variety Protection. - The Certificate of Plant Variety Protection shall not extent to:

a) Acts done for noncommercial purposes;

b)Acts done for experimental purposes;

c) Acts done for the purpose of breeding other varieties, except when Sections 39 and 40 apply; and

d) The traditional right of small farmers to save, use, exchange, share or sell their farm produce of a variety protected under this Act, except when a sale is for the purpose of reproduction under a commercial marketing agreement. The Board shall determine the condition under which this exception shall apply, taking into consideration the nature of the plant cultivated, grown or sown. This provision shall also extend to the exchange and sell of seeds among and between said small farmers: Provided, That the small farmers may exchange or sell seeds for reproduction and replanting in their own land.