Commission Regulation (EC) No 874/2009Show full title

Article 41 Grant of a compulsory licence

1. The decision to grant a compulsory licence pursuant to Article 29(1), (2) and (5) of the basic Regulation shall contain a statement setting out the public interest involved.

2. The following grounds may in particular constitute a public interest:

(a) the protection of life or health of humans, animals or plants;

(b) the need to supply the market with material offering specific features;

(c) the need to maintain the incentive for continued breeding of improved varieties.

3. The decision to grant a compulsory licence pursuant to Article 29(5a) of the basic Regulation shall contain a statement setting out the reasons why the invention constitutes significant technical progress of considerable economic interest. The following grounds may in particular constitute reasons why the invention constitutes significant technical progress of considerable economic interest compared to the protected plant variety:

(a) improvement of cultural techniques;

(b) improvement of the environment;

(c) improvement of techniques to facilitate the use of genetic biodiversity;

(d) improvement of quality;

(e) improvement of yield;

(f) improvement of resistance;

(g) improvement of adaptation to specific climatological and/or environmental conditions.

4. The compulsory licence shall be non-exclusive.

5. The compulsory licence may not be transferred otherwise than together with that part of an enterprise which makes use of the compulsory licence, or, in the circumstances set out in Article 29(5) of the basic Regulation, together with the assignment of the rights of an essentially derived variety.