Liability to pay equitable remuneration
3.
(1) If a farmer’s use of protected material is authorised by section 60(5)(g), he shall, at the time of the use, become liable to pay the relevant rights holder equitable remuneration.
(2) That remuneration must be sensibly lower than the amount charged for the production of protected material of the same variety in the same area with the holder’s authority.
(3) Remuneration is to be taken to be sensibly lower if it would be taken to be sensibly lower within the meaning of regulation 20A of the Plant Breeders’ Rights Regulations 1998.
Exemption for small farmers
4.
(1) Paragraph 3 does not apply to a farmer who is considered to be a small farmer for the purposes of section 9(10) of the Plant Varieties Act 1997.