272. Applications for compulsory plant variety licences.

Pursuant to the European Directive on the legal protection of biotechnological inventions1, it is provided that where a proprietor of a patent2 for a biotechnological invention3 cannot exploit a biotechnological invention protected by the patent without infringing prior plant breeders' rights4, he may apply to the Controller of Plant Variety Rights5 for a licence6.

Applications must be made in accordance with the Plant Breeders' regulations7 and be accompanied by particulars which seek to demonstrate that: