266. Applications for compulsory patent licences.

B. Compulsory Patent Licences

266.     Applications for compulsory patent licences.

Pursuant to the European Directive on the legal protection of biotechnological inventions1, it is provided that where a person cannot exploit plant breeders' rights2 or a Community plant variety right3 in a new variety4 without infringing a prior patent, he may apply to the Comptroller General of Patents5 for a licence under the patent6. Applications must be made in accordance with rules established for this purpose7 and be accompanied by particulars which seek to demonstrate that:

  1.  

    (1)     the applicant cannot