Where the Controllers1 order the grant of a compulsory patent licence2 to a person who has been granted, or has yet to acquire, plant breeders' rights3 in a new plant variety4, the proprietor of the patent5 concerned may request a cross licence on reasonable terms of the plant breeders' rights to use the new plant variety in respect of which the compulsory patent licence has been granted6. On such a request, the Controllers must order the grant of such a cross licence to that proprietor
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