Plant Varieties Act 1983

3 Compulsory licences

(1) In subsection (3) of section 7 of the 1964 Act (compulsory licences) for the words from " endeavour to secure " onwards there shall be substituted the words " have regard to the desirability of securing—

(a) that the plant variety is available to the public at reasonable prices, is widely distributed and is maintained in quality;

(b) that there is reasonable remuneration for the holder of the plant breeders' rights ; and

(c) where there is a market for the export of the plant variety, that the market is supplied from the production of the variety in Great Britain."

(2) In subsection (5) of that section for paragraph (a) there shall be substituted the following paragraph—

“(a) the holder of the plant breeders' rights to which an application under subsection (1) of this section relates—

(i) is or includes, or is represented by, a society or other organisation which has as its main object, or one of its main objects, the negotiation or granting of licences to exercise plant breeders' rights, either as the holder of the rights or as agent for holders, or

(ii) is or includes a company any shares of which are held by or on behalf of the Ministers, and”.