Subject to section 10, a plant breeder’s right is infringed by any person who—
| (a) | not being the holder of the plant breeder’s right, performs, or causes to be performed, an act contemplated in section 7(1), read with section 7(2) and section 7(3), without having been granted a licence contemplated in section 34 or section 36; |
| (b) | in the case of an essentially derived variety performs, or causes to be performed, an act contemplated in section 7(1), read with section 7(2) and section 7(3), without an authorisation from the holder of the plant breeder’s right of the— |
| (ii) | essentially derived variety, in the event that separate protection for the essentially derived variety exists; |
| (d) | sells plants or propagating material of a protected variety— |
| (i) | under a denomination other than the approved denomination of that variety; or |
| (ii) | without using the approved denomination. |
