33. Compulsory licences

Any person may apply to the Court for the grant of a compulsory licence to exploit a protected variety in Brunei Darussalam.

The Court may make an order for the grant of a compulsory licence, subject to such terms as it thinks fit, in accordance with an application under subsection (1) if, and only if, the Court is satisfied that the grant of a compulsory licence is in the public interest.

Notwithstanding the generality of subsection (2), the Court may set out in its order —

The Court shall set out in its order the equitable remuneration which the licensee shall pay to the grantee.

A licence shall not be granted under this section to any person who is unable to demonstrate to the Court that he will be able to exploit the protected variety in a manner acceptable to the Court.

No licence shall be granted under this section unless the person applying for the licence has first taken all reasonable steps to obtain authorisation from the grantee on reasonable commercial terms and conditions and has failed to obtain such authorisation within a reasonable period of time.

A licence granted under this section shall not prevent the grantee from exploiting the protected variety himself or from granting a licence in this respect.

A licence in respect of a protected variety granted under this section may be transferred to another person, but only together with the business activity in connection with which the protected variety is exploited or is intended to be exploited.

Any licence granted under this section may, upon the application of any interested party, be terminated by the Court where the Court is satisfied that the ground upon which the licence was granted has ceased to exist.