Malaysia legislation
Section 36
Section 36
Compulsory licence
(1)
If at any time after the expiration of three years from the grant of a breeder’s right the Board is satisfied that—
(a)
any of the requirements of section 34 is not complied with and the needs of the farming community for the propagating material of the registered plant variety have not been met; or
(b)
an excessive proportion of the registered plant variety offered for sale is being imported, the Board may grant a compulsory licence to any person, agency or company to undertake any of the acts mentioned in subsection 30(1) with regards to any material of the registered plant variety, whether with or without the authorization of the holder, notwithstanding that the holder may have granted his authorization to any other person.
(2)
Before granting a compulsory licence the Board shall give the holder a notice in writing of its intention to do so and giving him the right to make representations within a specified period.
(3)
The Board shall, upon considering the representations of the holder, or if no representation is received within the specified
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period, make a decision in respect of its intention and shall inform the holder of its decision within a reasonable period of time.
(4)
Where the Board grants a compulsory licence under subsection (1), the Board shall determine a reasonable sum to be paid by the licensee to the holder as royalty.