A compulsory licence for the exploitation of plant breeders' rights1 may be on such terms as the Controller of Plant Variety Rights2 thinks fit, and may in particular include terms as to the remuneration payable to the rights holder3 and obliging the rights holder to make propagating material available to the licensee4. In deciding on what terms to grant a compulsory licence the Controller must have regard to the desirability of securing that the variety5 to which the application relates is available to the public at reasonable prices6, is widely distributed7 and is maintained in quality8. Note that these
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You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for
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