41In that regard, it should be noted, first, that, following the grant of Community plant variety rights, effecting one of the unauthorised acts referred to in Article 13(2) of Regulation No 2100/94 in respect of the protected plant variety constitutes an ‘unauthorised use’ within the meaning of Article 13(3) of Regulation No 2100/94. Thus, in accordance with Article 94(1)(a) of that regulation, any person who, in those circumstances, effects one of those acts may be sued by the right holder to enjoin such infringement or to pay reasonable compensation or both.
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