(1) Any person who—
(a) has acquired rights in respect of a variety under section 9(1) or section 17; and
(b) sells any reproductive material of that variety,—
shall take all reasonable steps, by means of suitable labelling or other identification of that material, to inform the purchaser concerned of those rights.
(2) In determining, for the purposes of section 17(8), whether or not any person had reasonable grounds for supposing that any action was an infringement of the rights of a grantee, a court may take into account the extent (if any) to which that grantee or, as the case requires, the licensee concerned had complied with subsection (1) of this section in respect of any material in respect of which, or in respect of material propagated from which, that infringement occurred.