Compulsory Licensing

  1. After 03-years of the protection, an aggrieved person may apply for a compulsory license on form PB-15 with fee of Rs. 1000.
  2. The Registrar shall notify this application to the breeder within 15 days of reception of the application.
  3. The breeder or his legal representative may oppose the application on form PB-16 within 30 days after receiving the notice.
  4. The registrar may
  5. The Registrar may seek advice of PVPC on this matter.
  6. The Registrar may decide to allow the compulsory licenses if it is concluded that the holder of the breeders’ rights:
    1. did not utilized the variety
    2. utilized it under circumstances and conditions not in the public interest
    3. set conditions for utilization of a variety that are not in the public interest
    4. prevented holder of an EDV from utilizing it
  7. Term of a compulsory license can be up to 05 years depending upon gestation period of the variety and other relevant factors.
  8. The compulsory license shall be limited to purpose, remuneration to the owner of the certificate and other terms and conditions prescribed for the licensing.
  9. The registrar shall make available to the compulsory licensee the propagating material of the variety.
  10. 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.
  11. 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 & section 18 of the Plant Breeders’ Rights Rules, 2018)