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COMPULSORY LICENCE

Compulsory licence

36. (1) If at any time after the expiration of three years from the grant of a breeder's right the Board is satisfied tható

(a) any of the requirements of section 34 is not complied with and the needs of the farming community for the propagating material of the registered plant variety have not been met; or

(b) an excessive proportion of the registered plant variety offered for sale is being imported,

the Board may grant a compulsory licence to any person, agency or company to undertake any of the acts mentioned in subsection 30(1) with regards to any material of the registered plant variety, whether with or without the authorization of the holder, notwithstanding that the holder may have granted his authorization to any other person.

(2) Before granting a compulsory licence the Board shall give the holder a notice in writing of its intention to do so and giving him the right to make representations within a specified period.

(3) The Board shall, upon considering the representations of the holder, or if no representation is received within the specified period, make a decision in respect of its intention and shall inform the holder of its decision within a reasonable period of time.

(4) Where the Board grants a compulsory licence under subsection (1), the Board shall determine a reasonable sum to be paid by the licensee to the holder as royalty.

Scope and conditions of compulsory licence

37. Upon the granting of a compulsory licence to any person, agency or company, the Board shall determineó

(a) the scope of the compulsory licence and the right to carry out any of the acts referred to in section 30 except that such right shall not extend to the act of importation;

(b) the duration of the compulsory licence; and

(c) the terms and conditions of the compulsory licence.

Termination of compulsory licence

38. (1) The Board shall have the power to terminate or revoke any compulsory licence granted under section 36 if the Board is satisfied that the licensee has breached any of the terms and conditions of the compulsory licence.

(2) Before terminating a compulsory licence, the Board shall give the licensee a notice in writing requiring him to show cause within fourteen days from the date of receipt of the notice as to why the licence should not be terminated,

(3) After the expiry of the period of fourteen days and after considering any representations made by the licensee, the Board shall decide whether to terminate the licence or to take no further action.

(4) The Board shall give the licensee a written notice of its decision under subsection (3) as soon as practicable.

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Termination of compulsory licence