Compulsory licences

(1) At any time after the expiration of three years from the date of grant of a breeder’s right under this Act, any interested person may apply to the Court for the grant of a compulsory licence in respect of any breeder’s right on the ground that it is necessary to safeguard the public interest in Belize. (2) Subject to subsections (4), (5) and (6) of this section, where the Court is satisfied that the ground referred to in subsection (1) of this section is established, the Court may make an order for the grant of the licence in accordance with the application on such terms as it thinks fit. (3) A licence granted under this section shall confer, on the owner, the non-exclusive right to perform any activity referred to in section 17 for the supply of the national market. (4) Any person to whom a licence is granted under this section shall pay the licensor the remuneration agreed upon or determined by a method agreed upon between that person and the licensor or in default of agreement, as is determined by the Court on the application of either party. (5) The Court may require the holder of the breeder’s right to hold available for the owner of the compulsory licence the amount of propagating material necessary for making reasonable use of the compulsory licence against payment of adequate remuneration to the holder of the right and under conditions which are economically acceptable to him. (6) A licence shall not be granted under this section unless, (a) the applicant for the licence is financially able and otherwise in a position to exploit the breeder’s right in a competent and business- like manner, and must be prepared to do so; (b) the holder of the breeder’s right has refused to permit the applicant for the licence to produce or market propagating material of the protected variety in a manner sufficient for the needs of the general public as referred to in subsection (1) of this section or is not Protection of New Plant Varieties [CAP. 25535 prepared to give such permission under reasonable terms; and (c) the applicant for the compulsory licence has paid the prescribed fee for the grant of such (7) The duration of the licence shall be fixed by the Court and shall not, except under extraordinary circumstances, be granted for less than two or more than four years, but the period may be extended if the Court is satisfied, on the basis of a new application, that the conditions for granting a compulsory licence continue to exist after the expiration of the first period. (8) Before granting a compulsory licence, the Court may hear the national non-governmental organisations in the field of plant breeding and the seed trade. (9) Where the Court is satisfied that the grounds on which any licence granted under this section have ceased to exist or that its owner has failed to comply with the conditions under which it was granted it may on the application of any interested party terminate such licence.