Plant Varieties Act 1997

25 Right to be heard: applications for compulsory licences. U.K.

(1) This section applies to an application for the grant of a licence under section 17 above if the holder of the plant breeders’ rights to which the application relates is, or includes, or is represented by, a society or other organisation falling within subsection (2) below.

(2) A society or other organisation falls within this subsection if it has as its main object, or one of its main objects, the negotiation or granting of licences to exercise plant breeders’ rights, either as the holder of the rights or as agent for holders.

(3) If—

(a) any organisation or person applies to the Controller for an opportunity of making representations concerning an application to which this section applies, and

(b) the Controller is satisfied that the conditions mentioned in subsection (4) below are met,

he shall afford to the organisation or person by whom the application under this subsection is made an opportunity of making representations to him and of being heard by him or by a person appointed by him for the purpose.

(4) The conditions referred to in subsection (3) above are—

(a) that the organisation or person has a substantial interest in the application for a licence under section 17 above,

(b) that that application involves issues which may affect other applicants for licences under that section, and

(c) where the application under subsection (3) above is made by an organisation, that the organisation is reasonably representative of the class of persons which it claims to represent.

(5) The rights conferred by this section are in addition to any rights which may be conferred under section 24 above.