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
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This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
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