Section 47:
Power of Authority to make order for compulsory licence in certain circumstances.
(1) At
any time, after the expiry of three years from the date of issue of a certificate of registration of a variety,
any person interested may make an application to the Authority alleging that the reasonable requirements
of the public for seed or other propagating material of the variety have not been satisfied or that the seed
or other propagating material of the variety is not available to the public at a reasonable price and pray for
the grant of a compulsory licence to undertake production, distribution and sale of the seed or other
propagating material of that variety.
(2) Every application under sub-section (1) shall contain a statement of the nature of the applicants
interest together with such particulars as may be prescribed and the facts upon which the application is
based.
(3) The Authority, after consultation with the Central Government, and if satisfied after giving an
opportunity to the breeder of such variety to file opposition and after hearing the parties, on the issue that
the reasonable requirements of the public with respect to the variety have not been satisfied or that the
seed or other propagating material of the variety is not available to the public at a reasonable price, may
order such breeder to grant a licence to the applicant upon such terms and conditions as it may deem fit
and send a copy of such order to the Registrar to register the title of such applicant as licensee under
sub-section (4) of section 28 on payment of such fees by the applicant as is referred to in that sub-section.