COMPULSORY
LICENSE
71.
Compulsory licensing under section 47
-
(1) Any interested person may, after the expiry of three years
from the date of issuance of a certificate of registration of a variety make an
application to the Authority, in the
Form PV-28 of the First
Schedule along with the fee specified under the Second
Schedule under sub-section (1) of section 47 for grant of compulsory
license.
(2) The
application for compulsory license under sub-section
(1) shall -
(a)
specifies particulars of variety denomination, generic
and specific name of the variety or varieties
concerned,
(b)
contain the grounds for issue of compulsory license
with supporting documents, and
(c)
be supported by -
i) qualification, technical and financial capabilities of the person
making such request with evidence,
ii) particulars of the holder of the right to the variety,
iii) written evidence that the person, making such request, has
exhausted all measures for voluntary license.
(3)
If after considering the application
under sub-rule (1), the Authority is satisfied that a prima facie case
has not been made for grant of compulsory license, it shall notify the applicant
accordingly.
(4)
On receipt of an application for grant of compulsory
license under sub- rule(1),
the Authority shall serve notice to the breeder of such variety or his assignee
or registered agent inviting his opposition within one month from the receipt of
such notice.
(5)
On receiving a notice under sub-rule(4), the registered
breeder or his assignee or registered agent may give notice of opposition in Form
PV-29 of the First Schedule,
which shall be supported by documentary proof to substantiate the ground or
grounds of opposition.
(6)
If after giving an opportunity to both the parties of
being heard, the Authority is satisfied that there is a need for the grant of
compulsory license, he may order the breeder or his assignee or registered agent
to license the variety on such terms of royalties and other remuneration as it
may deem fit.
72. Manner of making material available under section 50 -
The Authority shall make available
to the licensee of such compulsory license, the reproductive material of the
licensed variety from the Gene Bank or any other centre, including the initial
breeder of such variety.
73.
Revocation of compulsory license under section 52
-
1
(a) Any person in respect of compulsory license aggrieved may, under
sub-section (1) of section 52, make an application in Form
PV-30 of the First Schedule to
the Authority, for revocation of compulsory license on any of the grounds
specified in sub-section (1) of section 47 or section 52.
(b)
The application under sub-rule(1), shall be supported by evidence.
2.
The Authority on its own motion or on receipt of the
application from the aggrieved person under sub-rule(1), may give notice to the
licensee.
3.
The licensee may file an opposition to an application
under sub-rules (1) or a proceeding under sub-rule(2), in Form PV-31 of First Schedule with
the Authority,
4.
The Authority shall after considering the opposition
filed under sub-rule (3) and after giving an opportunity to the licensee of
being heard passing an order of revocation or refuse to grant such order.