(1) Where plant propagating material is marketed by the proprietor of a patent or by a third party with the consent of the proprietor of the patent to a farmer for agricultural use, the latter is, contrary to sections 9, 9a and 9b sentence 2, entitled to use the product of his or her harvest for propagation or multiplication on his or her own holding. Article 14 of Council Regulation (EC) No 2100/94, as amended, and the implementing rules adopted on that basis apply to the conditions and extent of this entitlement. Where claims arise therefrom for the proprietor of the patent, these claims are to be asserted pursuant to the implementing rules adopted on the basis of Article 14 (3) of Council Regulation (EC) No 2100/94.
(2) Where livestock or animal reproductive material is marketed to a farmer by the proprietor of the patent or by a third party having the consent of the proprietor of a patent, the farmer is, contrary to sections 9, 9a and 9b sentence 2, entitled to use the livestock or the animal reproductive material for agricultural purposes. This entitlement also includes making the livestock or other animal reproductive material available for the purposes of pursuing the farmer’s agricultural activity, but not the sale for the purpose or within the framework of a commercial reproduction activity.
(3) Section 9a (1) to (3) does not apply to biological material obtained during agricultural activity by chance or in such manner as to be technically unavoidable. As a rule, a claim cannot therefore be brought on this ground against a farmer if the farmer used seeds or plants which are not subject to such patent protection.