If, in any proceedings for the infringement of plant breeders' rights1 as respects harvested material or any product made directly therefrom, the rights holder2 proves that any of the material or product to which the proceedings relate has been the subject of an information notice3 which has not been complied with4, it is presumed as regards that material or product:
(1) that the material, or the harvested material from which the product was made, was obtained through unauthorised use of propagating material5;
(2) that the rights holder did not have a reasonable opportunity before the material or harvested material
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