Plant Varieties (Proprietary Rights) Act, 1980
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Compulsory licences. |
8.—(1) Subject to the provisions of this section, if any person applies to the Controller and satisfies him that a holder has unreasonably refused to grant to the applicant an authorisation referred to in section 4 (5) (d) of this Act, or, in granting or offering to grant such an authorisation, has imposed or put forward terms which are either unreasonable or contrary to the public interest, the Controller shall, if he is satisfied that the applicant is in a position, and intends, to exercise rights in a competent manner which would be conferred by such an authorisation, grant to the person in the form of a licence any such rights as respects the relevant plant variety as might have been granted by the holder. | |
(2) Subject to the provisions of this section, if any person satisfies him that it is in the public interest that a particular plant variety specified by the person (the name of which variety stands for the time being entered in the register) has been distributed by a holder in a manner which is not in the public interest or that such a plant variety should be widely distributed, or that it is otherwise in the public interest so to do, the Controller shall, grant to the person in the form of a licence any rights as respects that variety as may be granted by the relevant holder. | ||
(3) A licence granted under this section (which licence is in this section subsequently referred to as a “compulsory licence”) may have attached thereto such conditions as the Controller may specify and shall have effect during such period, beginning on or after the date of the licence, as is specified therein. | ||
(4) In disposing of applications and settling the terms of compulsory licences the Controller shall endeavour to secure that the relevant plant variety is maintained in quality, and that the holder concerned will be equitably remunerated by the licensee as regards any sales of reproductive material which are made pursuant to the licence. | ||
(5) A compulsory licence may include terms obliging the holder concerned to make reproductive material available to the licensee concerned. | ||
(6) In case the Controller grants a compulsory licence, then for the purpose of enabling the person to whom the licence is granted to use as regards the licence any remedy available to him by the institution of legal proceedings, the licence shall be regarded as having been granted by the relevant holder. | ||
(7) The Controller may, on an application being made in that behalf by the holder or licensee concerned, extend, limit or otherwise amend, or revoke, a compulsory licence. | ||
(8) (a) A compulsory licence may be granted to an applicant whether or not the holder concerned has granted licences to the applicant or any other person. | ||
(b) A compulsory licence shall not be an exclusive licence. | ||
(9) Where the Controller receives an application under this section he shall give to the holder concerned and to any other person who appears to him to be concerned, notice of the application and shall afford to each person to whom such notice is given an opportunity of being heard before he determines the application. | ||
(10) If and in so far as any agreement purports to bind any person not to apply for a compulsory licence, it shall be void. |