Resolution No. 1334 of the Cabinet of Ministers validating the Procedure for Issuing a Compulsory License for the Use of a Plant Variety.

Procedure for Issuing a Compulsory License for the Use of a Plant Variety defines the procedure for issuing a compulsory license for the use of a plant variety. The Ministry of Agrarian Policy issues a compulsory license. The Ministry of Agrarian Policy may issue a compulsory license for a period of up to four years (within the validity period of the patent) to a person designated thereby for reasons of public emergency public necessity and under the condition of war or state of emergency with the payment of appropriate compensation to the patent holder. At the same time, the Ministry of Agricultural Policy may require the patent owner to provide, on acceptable financial terms, at the disposal of the licensee material for the propagation of a plant variety in volumes sufficient for the proper exercise of the rights granted by the compulsory license. A compulsory license can only be non-exclusive, with a definition of the scope, use of the plant variety, the validity period of the permit, the size and procedure of payment of remuneration to the patent holder. The issuance of a compulsory license by the Ministry of Agrarian Policy can be challenged in court. If the patent holder does not prove that the fact of non-use of the plant variety or the refusal to issue a license is due to good reasons, and the plaintiff proves that he is financially and in all other respects able to competently and effectively exercise the rights granted by the license, the compulsory license may be granted by a court decision for a period of up to four years.