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Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976)

27. Grant of compulsory licence

 

(1) An application under section 26 shall be heard on the date and at the place and time fixed by the registrar, who shall advise the person who made the application and the holder of the plant breeder's right in writing thereof.

 

(2) The provisions of sections 18(2), (3), (4), (5) and (6) shall mutatis mutandis apply with reference to the hearing of the application.

 

(3) If the registrar is satisfied that the holder of a plant breeder's right is unreasonably refusing a licence under section 25 or imposing unreasonable conditions for the issue thereof, and is satisfied that, as a result of such refusal or such conditions, the reasonable requirements of the public with regard to the variety in question are not being satisfied or will not be satisfied, he or she may issue a compulsory licence—
(a) which shall include the conditions referred to in paragraph (a) up to and including (f) of section 25(2), and such other conditions as the registrar may determine;
(b) which may at any time be reviewed by the registrar by reason of representations made to him for the amendment or withdrawal thereof.

[Section 27(e) substituted by section 17 of Act No. 5 of 1980]

 

(4) In settling the terms of a compulsory licence the registrar shall endeavour to ensure that propagating material of the variety in question shall be available to the public at reasonable prices consistent with the holder of a plant breeder's right deriving a reasonable advantage therefrom.

 

(5)
(a) A compulsory licence may be granted to any person whether or not the holder of the relevant plant breeder's right has granted a licence under section 25 to any other person.
(b) The issue of a compulsory licence shall not prevent the holder of the plant breeder's right from granting additional licences in terms of section 25.