# The Patents and Plant Variety Rights (Compulsory Licensing) Regulations 2002, Regulation 6: Grant


Where, having considered the application made under regulation 3(1), the controllers are satisfied that—
(a) the applicant cannot acquire or exploit plant breeders’ rights ... without infringing a prior patent,
(b) the applicant has applied unsuccessfully to the proprietor of the patent concerned for a licence to use the prior patent to acquire or exploit plant breeders’ rights ..., and
(c) the new plant variety, in which the applicant wishes to acquire or exploit the plant breeders’ rights ..., constitutes significant technical progress of considerable economic interest in relation to the invention protected by the patent,
the controllers shall order the grant to the applicant (or, where the applicant is a government department, shall order the grant to any person specified in the application) of a licence to use the invention protected by the prior patent in so far as the licence is necessary for the exploitation of the new plant variety on the conditions set out in regulation 7 and on such other terms as the controllers think fit.

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Source: https://www.legislation.gov.uk/uksi/2002/247/regulation/6 (the official version)
Page: https://openlegislation.uk/patents-and-plant-variety-rights-compulsory-licensing-regulations-2002/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.