Plant Breeders' Rights (Discontinuation of Prior Use Exemption) Order 2005 (No. 2726 of 2005).

The Order discontinues the prior use exemption in section 9(5) of the Plant Varieties Act 1997. Section 9 (1) provides that plant breeders' rights shall not extend to the use by a farmer for propagating purposes in the field, on his own holding, of the product of the harvest which he has obtained by planting on his own holding propagating material of: (a) the protected variety, or (b) a variety which is essentially derived from the protected variety. This rule did not apply to prior use in virtue of section 9(5).