{
  "url": "https://openlegislation.uk/eu-decision-2005-523/attachment-1/article-16",
  "json_url": "https://openlegislation.uk/eu-decision-2005-523/attachment-1/article-16.json",
  "legislation": "eudn/2005/523",
  "legislation_title": "Council Decision of 30 May 2005 approving the accession of the European Community to the International Convention for the Protection of New Varieties of Plants, as revised at Geneva on 19 March 1991 (2005/523/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2005-523",
  "path": "attachment/1/article/16",
  "kind": "article",
  "number": "16",
  "heading": "Exhaustion of the breeder’s right",
  "text": "1. (Exhaustion of right) The breeder’s right shall not extend to acts concerning any material of the protected variety, or of a variety covered by the provisions of Article 14(5), which has been sold or otherwise marketed by the breeder or with his consent in the territory of the Contracting Party concerned, or any material derived from the said material, unless such acts,\n(i) involve further propagation of the variety in question,\nor\n(ii) involve an export of material of the variety, which enables the propagation of the variety, into a country which does not protect varieties of the plant genus or species to which the variety belongs, except where the exported material is for final consumption purposes.\n2. (Meaning of material) For the purposes of paragraph (1), ‘material’ means, in relation to a variety,\n(i) propagating material of any kind,\n(ii) harvested material, including entire plants and parts of plants,\nand\n(iii) any product made directly from the harvested material.\n3. (Territory in certain cases) For the purposes of paragraph 1, all the Contracting Parties which are member States of one and the same intergovernmental organisation may act jointly, where the regulations of that organisation so require, to assimilate acts done on the territories of the States members of that organisation to acts done on their own territories and, should they do so, shall notify the Secretary-General accordingly.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2005/523/attachment/1/article/16",
    "retrieved_at": "2026-11-01T15:17:51.309805+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}