- After 03-years of the protection, any interested person may apply for a compulsory license on form PB-15 with fee of Rs. 10,000.
- The Registrar shall notify this application to the owner of the certificate within 15 days of reception of the application.
- The owner of the certificate or his legal representative may oppose the application on form PB-16 within 30 days after receiving the notice.
- The Registrar may seek advice of PVPAC on this matter.
- The Registrar may decide to allow the compulsory licenses if it is concluded that the holder of the breeders’ rights:
- did not utilized the variety
- utilized it under circumstances and conditions not in the public interest
- set conditions for utilization of a variety that are not in the public interest
- prevented holder of an EDV from utilizing it
- Term of a compulsory license can be up to 05 years depending upon gestation period of the variety and other relevant factors.
- The compulsory license shall be limited to purpose, remuneration to the owner of the certificate and other terms and conditions prescribed for the licensing.
- The registrar shall make available to the compulsory licensee the propagating material of the variety.
- The Registrar by his own motion or on application by an aggrieved party on PB-17, may revoke the compulsory license after listening to the licensee and considering usage of the license.
- The license can be modified by the Registrar at his own motion or on application by the licensee.
(for details please see section 33 &34 of the Plant Breeders’ Rights Act, 2016 & Rule 18 of the Plant Breeders’ Rights Rules, 2018)