PART IIICOMPULSORY PLANT VARIETY LICENCES
Applications11
1
Where a proprietor of a patent for a biotechnological invention cannot exploit a biotechnological invention protected by the patent without infringing prior plant breeders' rights, he may apply in accordance with Breeders' regulations to the Controller of Plant Variety Rights for a licence and on such application shall pay the plant breeders' fee.
2
An application under paragraph (1) shall be accompanied by particulars which seek to demonstrate that—
a
the proprietor of the patent for a biotechnological invention cannot exploit the biotechnological invention protected by the patent without infringing prior plant breeders' rights,
b
the proprietor of the patent has unsuccessfully applied to the holder of the prior plant breeders' rights for a licence, and
c
the biotechnological invention protected by the patent constitutes significant technical progress of considerable economic interest in relation to the plant variety protected by the prior plant breeders' rights.
3
If and so far as any agreement purports to bind any person not to apply for a licence under paragraph (1), it shall be void.