NOTICE OF PROTECTION
—(1) Where an applicant sells any propagating material of the plant variety in respect of which his application relates, he shall take all reasonable steps, by means of suitable labeling or other identification of that material to inform the purchaser of the existence of his application, unless and until his application is withdrawn or lapses or the Registrar declines to make a grant in respect of that application.
(2) Any person who —
has acquired any rights in respect of any plant variety under section 21, or who is a licensee of such rights; and
sells any propagating material of that plant variety,
shall take all reasonable steps, by means of suitable labeling or other identification of that material, to inform the purchaser of those rights.
(3) In determining, for the purposes of section 30(4), whether or not any person had reasonable grounds for supposing that any action was an infringement of a grant of protection, the Court may take into account the extent, if any, to which a person referred to in subsection (1) or (2), as the case may be, has complied with that subsection in respect of any propagating material in relation to which that infringement occurred.
[HK Plant Ord. 1997, s. 28]