From among the exceptions available in respect of plant variety rights, referred to under question B.4(i) below, there is an exception under the present law, which concerns the use of an invention for scientific purposes. Under the new law an exception will be provided for concerning the use of an invention for scientific and experimental purposes, for its evaluation, analysis or teaching. In both laws compulsory licensing is also present, conforming the requirements of the TRIPS Agreement. Another additional exception under the present law relates to the exploitation of an invention, against compensation, for national purposes, to the necessary extent and without detriment to the justified economic interests of the patentee, where it has been found indispensable to prevent or eliminate a state of emergency relating to security or public order. In the new law this provision will be modified by replacing the phrase: "...without detriment to the justified economic interests of the patentee ..." with the words "without the right of exclusivity".
[Answer B.4(i): 1) Plant Breeder’s Rights are not applied to seed material or harvest material destined for: - experimental and research purposes, - the grower’s private non-profit purposes, - the creation of new varieties which are not varieties essentially derived from a protected variety. (2) A land owner may, without the breeder’s consent, use harvested material of a protected variety as a seed material on his own land ("farmer’s privilege"). (3) Compulsory licensing – by a decision of the Minister for Agriculture and Food Economy.]