Section 1: Application of the Act

(1) This Act applies to- (a) plant varieties under both in situ and ex situ conditions; (b) derivatives of the plant varieties; (c) plant breeders; and (d) export of seeds of plant varieties. (2) This Act does not affect the following- (a) the traditional method of access, use or exchange of knowledge, technologies, and plant varieties by local and between local communities; (b) the sharing of benefits based upon the customary practices of the local communities concerned, except that paragraph 2 (a) shall not apply to any person or persons not living in the traditional and customary way of life relevant to the conservation and sustainable use of biodiversity; and (c) the access to plant varieties, indigenous knowledge, innovation or technology solely for educational purposes.