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)     the applicant cannot acquire or exploit plant breeders' rights or a Community plant variety right without infringing a prior patent