115 



14 



1 "(b) The owner of a protected variety may authorize 



2 the use of the variety under this section subject to condi- 



3 tions and limitations specified by the owner. 



4 "(c) This section shall apply equally to — 



5 "(1) any variety that is essentially derived from 



6 a protected variety, unless the protected variety is 



7 an essentially derived variety; 



8 "(2) any variety that is not clearly distinguish- 



9 able from a protected variety; 



10 "(3) any variety whose production requires the 



1 1 repeated use of a protected variety; and 



12 "(4) harvested material (including entire plants 



13 and parts of plants) obtained through the unauthor- 



14 ized use of propagating material of a protected vari- 



15 ety, unless the owner of the variety has had a rea- 



16 sonable opportunity to exercise the rights provided 



17 by this Act with respect to the propagating material. 



18 "(d) It shall not be an infringement of the rights of 



19 the owner of a variety to perform any act concerning prop- 



20 agating material of any kind, or harvested material, in- 



21 eluding entire plants and parts of plants, of a protected 



22 variety that has been sold or otherwise marketed with the 



23 consent of the owner in the United States, unless the act 



24 involves further propagation of the variety or involves an 



25 export of material of the variety, that enables the propaga- 



