I.-The holder’s right does not extend to:
1° Acts performed on a private basis for non-professional or non-commercial purposes;
2° Acts performed on an experimental basis;
3° Acts performed for the purpose of creating a new variety or acts referred to in I of Article L. 623-4 relating to that new variety, unless III and IV of that same Article are applicable.
II.-The proprietor’s right does not extend to acts concerning his variety or a variety essentially derived from his variety, or a variety which is not clearly distinguishable from it, where material of that variety or material derived from it has been sold or marketed in any form whatsoever by the proprietor or with his consent.
However, the holder’s right shall subsist where such acts:
1° Involve a new reproduction or multiplication of the variety in question;
2° Involve an export to a country which does not apply any intellectual property protection to varieties belonging to the same plant species of material of the variety enabling it to be reproduced, unless the exported material is intended, as such, for human or animal consumption.