266
[No. IS of 2007
Plant Breeder sRights
45. (1)
The Registrar shall issue a compulsory licence to an
applicant where after giving the holder of the plant breeder's rights
an opportunity to be heard, the Registrar has reasonable grounds
to believe that-
Grant of
compulsory
licence
(a) the holder of the plant breeder's right has umeasonably
refused to grant the licence, to the applicant;
(b) the holder of the plant breeder's rights has imposed
unreasonable conditions for the issue of the licence;
and
(c) the reasonable requirements of the public with regard to
the new variety are not being met or will not be met.
(2) The Registrar shall not grant a compulsory licence unless
the applicant is financially competent to perform and comply with
the obligations of the compulsory licence.
(3) A compulsory licence may be granted to any person
whether or not the holder of the plant breeder's right has granted a
licence to another person.
(4) The issue of a compulsory licence does not prevent the
holder of the plant breeder's rights from granting an additional
licence.
(5) The Registrar shall, where a compulsory licence is granted,
provide the licensee with information on the reproductive material
of the variety relating to the compulsory licence.
46. The Registrar shall, in determining the terms and conditions
of a compUlsory licence, secure a royalty and other remuneration
for the holder of the plant breeder's rights having regard to the
following:
Royalty
(a) the nature of the plant variety;
(b) the expenditure incurred by the plant breeder in breeding
Or developing the variety; and
(c) any other relevant factors.
Condition of
47. (1) The Registrar shall determine the terms and conditions
of a compulsory licence issued under this Part.
licence
(2) Without limiting the generality of subsection (1), the conditions
of a compulsory licence may include(a) requiring the payment to the Institute and the plant breeder
of a fee on the grant of the compulsory licence and of
any annual or other periodic licence fees;
(b) requiring the licensee to comply with the directions of the
Institute and the plant breeder in relation to specified
matters;
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