Plant Breeders’ Rights Act

Marginal note:Grant of compulsory licences

• 32 (1) Subject to this section and the regulations, the Commissioner shall, on application by any person, where the Commissioner considers that it is appropriate to do so, confer on the person in the form of a compulsory licence rights to do any thing that the holder might authorize another person to do pursuant to paragraph 5(1)(d).

• Marginal note:Objectives on granting compulsory licence

  (2) In disposing of an application for, and settling the terms of, a compulsory licence pursuant to this section in relation to any plant variety, the Commissioner shall endeavour to secure that

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

  • (b) there is reasonable remuneration, which may include royalty, for the holder of the plant breeder’s rights respecting the plant variety.

• Marginal note:Provision as regards propagating material

  (3) A compulsory licence under this section may include terms requiring the holder of the plant breeder’s rights affected by the licence to make propagating material available to the holder of the compulsory licence.

• Marginal note:Variation and revocation of licence

  (4) The Commissioner may at any time, on representations made by any interested person, extend, limit, vary or revoke a compulsory licence granted pursuant to this section.

• Marginal note:Representations by persons adversely affected

  (5) The Commissioner shall not dispose of any application for, or settle the terms of, a compulsory licence pursuant to this section or exercise jurisdiction pursuant to subsection (4) without giving interested persons who will be adversely affected by the Commissioner’s decision a reasonable opportunity to make representations with respect thereto pursuant to such notice as the Commissioner deems it appropriate to give.

• Marginal note:Compulsory licence not to be exclusive

  (6) No compulsory licence that is an exclusive licence shall be granted pursuant to this section.