261. Compulsory licensing of plant breeders' rights.

Where a person has applied to the holder of plant breeders' rights1 for a licence to exploit those rights and the Controller of Plant Variety Rights2 is satisfied, on an application, that the rights holder has either unreasonably refused to grant a licence or has imposed or put forward unreasonable terms in granting, or offering to grant, a licence, the Controller may grant to the applicant in the form of a licence any such rights as might have been granted by the holder3. A decision of the Controller to allow or refuse an application for such a licence is