Legal proceedings by licensee

(1) Any licensee under a contractual or compulsory licence or a licensee of right may request the licensor to institute legal action necessary to obtain civil remedies or criminal penalties in respect of any infringement of the breeder’s right indicated by the licensee. (2) Where the licensor refuses or neglects to institute the said legal action within three months after the request has been made, the licensee may institute such action in his own name, without prejudice to the right of the licensor to intervene if such action is civil in nature. 36