23. Any assignment of the rights deriving from a compulsory license shall require the
authorization of the competent court, on pain of invalidation.
24. If the beneficiary of a compulsory license does not meet the conditions on which
the license has been granted, the owner of the certificate and, where applicable, the other
licensees, may petition the competent court for the withdrawal of the license.
25. A variety which is indispensable to human or animal life or of interest for public
health, may be worked ex officio by anyone furnishing the requisite technical and professional
guarantees.
Ex officio working shall be decreed by an administrative act.
26. On the day of publication of the administrative act decreeing the ex officio working
of a plant breed certificate, anyone supplying the requisite technical and professional
guarantees may request the grant of a so-called “ex officio license”.
Such license may only be non-exclusive. It shall be requested and granted on the
conditions fixed by regulation.
The ex officio license shall be granted on specific conditions, in particular in respect of
its term and scope.
The royalties to which it gives rise shall be left to the discretion of the parties. Failing
an agreement between them, the amount thereof shall be fixed by the competent court.
It shall take effect on the date of notice of the act granting it to the parties.
27. If the beneficiary of an ex officio license does not meet the required conditions,
forfeiture may be pronounced on the conditions fixed by regulation.
28. The State may at any time obtain ex officio, in order to meet its defense
requirements, a license to work a plant variety that is the subject of an application for a
certificate or of a plant breed certificate, whether the working is to be done by the State itself
or on its behalf.
The ex officio license shall be granted by an administrative act, the conditions of which
shall be fixed by regulation.
This administrative act shall fix the conditions of the license.
The royalties to which the ex officio license gives rise shall be left to the discretion of
the parties. Failing an agreement between them, the amount thereof shall be fixed by the
Administrative Tribunal of Rabat.
The license shall come into effect at the date of the application for the ex officio license.
29. The rights deriving from an ex officio license may not be assigned or transferred.
30. Any owner of a plant breed certificate shall be stripped of his right, as the case may
be:
1° if it has been established that the protected variety no longer meets the conditions
fixed in Articles 8 and 9;
2° if he is not in a position to supply the competent authority with the information,
documents or plant material used for the maintenance of his variety;
3° if he does not propose another denomination, where the denomination for the variety
has been delisted after the grant of the right;