Government is convinced that exploitation of the variety pursuant to this Article will enable
that practice to be remedied.
(b) Exploitation of a variety pursuant to this Article shall be subject to payment of
equitable remuneration to the owner of the plant variety certificate.
(c) The Government shall take the decision referred to above only if the following
conditions are met:
(i) the owner of the plant variety certificate has been put on formal notice to remedy the
situation and has not taken the necessary steps within the prescribed time limit;
(ii) the relevant State service or the designated third party is in a position to exploit the
variety in a competent and efficient manner;
(iii) three years have elapsed between the date of issue of the plant variety certificate
and the date of the decision.
(d) When taking the decision referred to above, the Government shall specify the
manner in which the relevant State service or designated third party shall exploit the variety,
particularly the authorized acts of exploitation, the duration of exploitation and the amount
and mode of payment of the remuneration payable to the owner of the plant variety certificate.
(2) The Government may require the owner of the plant variety certificate to make
available to the relevant State service or designated third party, against payment of suitable
remuneration, the quantity of propagating material required for reasonable use to be made of
the authorization to exploit.
(3)(a) The Government may, at the request of the owner of the plant variety certificate,
relevant State service or designated third party, modify the conditions of the authorization to
exploit the variety in so far as a change in the circumstances justifies such modification.
(b) The Government shall terminate the authorization to exploit the variety
prematurely, at the request of the owner of the plant variety certificate, if the relevant State
service or designated third party fails to abide by the manner of exploitation specified by the
Government or does not exploit the variety in a competent and efficient manner.
(c) The Government may extend the authorization to exploit the variety, after having
heard the parties, if it is convinced, on the basis of a new examination, that the circumstances
that led it to take the initial decision still obtain.
(4) An authorization to exploit a variety granted to a third party may not be transferred
except with the enterprise or business of that third party or with that part of the said enterprise
or business in which the variety is exploited.
(5) An authorization shall not exclude:
(a) exploitation of the variety by the owner of the plant variety certificate, or
(b) the conclusion of licensing contracts by the owner.
(6) Exploitation of the variety by the relevant State service or designated third party
shall serve exclusively to supply the domestic market of the member State.
(7) The parties shall be heard before any decision is taken under this Article. Such
decision shall be subject to appeal to the competent administrative court.