Plant Breeder s Rights
[ No. III of 2007
267
(c) providing for the arbitration of disputes in connection with
the terms and conditions ofthe compulsory licence; and
(d) requiring the licensee to refer specified matters 10 the
Institute for determination.
48. (1) A compulsory licence remains in force for the period
specified in the licence and may be renewed or varied on payment
to the Institute of such fees as may be prescribed.
Duration of
compulsory
licence
(2) The Registrar shall, in determining the duration of a Licence
have regard to the gestation period of a variety and any other factors
relevant for purposes of this Act.
49. A licence is not capable of being bought, sold, .leased,
mortgaged or charged or in any manner assigned, demised or
encumbered.
Licence not
transferable
50. (1) The Registrar may revoke a licence or reject an
application where-
Revocation
oflicence
(aJ the licensee contravenes any terms or conditions of the
licence;
(b) it is not appropriate to grant or continue the licence in the
public interest; or
(c) the licence is a subject of any complaint by the public and
affects the national food security, public health and the
environment.
(2) The Registrar shall not revoke a licence without giving
the licensee an opportunity of being heard before the revocation.
51. A licensee may, by notice in writing to the Registrar,
surrender a licence.
Surrender of
licence
52. The Registrar shall where the Registrar grants, renews,
rejects or revokes a licence notify the public in the Gazette.
of grant,
Publication
renewal, etc
PART VI
APPEALS
53. (I) A person who is aggrieved by any decision of the
Registrar or the Institute under this Act may, within thirty days of
the receipt of the decision of the Registrar or the Institute as the
case may be, appeal to the Appeals Board.
(2) An appeal under subsection (1) shall be made in the
prescribed manner and form.
54. (I) Subject to subsection (2), the Minister shall, .for the
purpose of hearing and determining an appeal, appoint an Appeals
Board comprising ofthree members of whom--
Appeal
against
decision of
Registrar or
Institute
Appeals
Board