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Union of India - Section

Section 71 in Protection of Plant Varieties and Farmers' Rights Rules, 2003

71. Compulsory licensing under section 4. - (1) Any interested person may, after the expiry of three years from the date of issuance of a certificate of registration of a variety make an application to the Authority, in the Form PV-28 of the First Schedule alongwith the fee specified under the Second Schedule under sub-section (1) of section 47 for grant of compulsory license.

(2)The application for compulsory license under sub-section (1) shall-
(a)specifies particulars of variety denomination, generic and specific name of the variety or varieties concerned,
(b)contain the grounds for issue of compulsory license with supporting documents, and
(c)be supported by-
(i)qualification, technical and financial capabilities of the person making such request with evidence,
(ii)particulars of the holder of the right to the variety,
(iii)written evidence that the person, making such request, has exhausted all measures for voluntary license.
(3)If after considering the application under sub-rule (1), the Authority is satisfied that a prima facie case has not been made for grant of compulsory license, it shall notify the applicant accordingly.
(4)On receipt of an application for grant of compulsory license under sub-rule (1), the Authority shall serve notice to the breeder of such variety or his assignee or registered agent inviting his opposition within one month from the receipt of such notice.
(5)On receiving a notice under sub-rule (4), the registered breeder or his assignee or registered agent may give notice of opposition in Form PV-29 of the First Schedule, which shall be supported by documentary proof to substantiate the ground or grounds of opposition.
(6)If after giving an opportunity to both the parties of being heard, the Authority is satisfied that there is a need for the grant of compulsory license, he may order the breeder or his assignee or registered agent to license the variety on such terms of royalties and other remuneration as it may deem fit.