276. Cross licences granted by Community Plant Variety Office.

Where the Community Plant Variety Office has granted1 a compulsory exploitation right in respect of a Community plant variety right2 to a proprietor of a biotechnological invention3 protected by a patent4, who could not otherwise exploit in the United Kingdom5 the biotechnological invention protected by the patent without infringing a Community plant variety right, then the holder of the Community plant variety right concerned may apply to the Comptroller General of Patents6 for a cross licence of the biotechnological invention protected by the patent7. On receipt of such an application and payment of the prescribed fee8, the Comptroller General