New Zealand Legislation: Acts

21 Compulsory licences and sales

• (1) Any person may at any time after the expiration of 3 years from the making of a grant, on payment of the prescribed fee request the Commissioner to consider whether or not reasonable quantities of reproductive material of a reasonable quality of the variety concerned are available for purchase by members of the public at a reasonable price.

  (2) Where a request is made under subsection (1), the Commissioner shall give the grantee concerned notice of it and a reasonable time to be heard in relation to it, and if, after considering any submissions made to the Commissioner by that grantee within that time, the Commissioner is satisfied there are not available for purchase by members of the public at a reasonable price reasonable quantities of reproductive material of reasonable quality of the variety concerned, the Commissioner shall issue to the person who made that request one or both of the following:

  • (a) a compulsory licence for the reproduction and sale of reproductive material of that variety:

  • (b) an order requiring that grantee to sell to that person reproductive material of that variety.

  (3) In considering whether or not there are available to members of the public at a reasonable price reasonable quantities of reproductive material of reasonable quality of a variety, the Commissioner shall not take into account any reproductive material that is available only subject to the condition that all or any of the produce from that material must be sold or offered to a specified person, or to one of a specified group of persons, or to a member of a specified class or description of person.

  (4) A licence or order issued under subsection (2) shall be in writing, and sealed with the seal of the Office.

  (5) When issuing a licence or order under subsection (2), the Commissioner shall specify a royalty or payment, or a means of calculating a royalty or payment, payable by the licensee or purchaser concerned to the grantee concerned (being, in the opinion of the Commissioner, a royalty or payment that is, or a means that will produce a royalty or payment that is, in all the circumstances, equitable) and—

  • (a) it shall be a condition of that licence or order that that licensee or purchaser shall pay to that grantee that royalty or payment or a royalty or payment so calculated (as the case requires); and

  • (b) that licence or order shall be subject to any other terms and conditions the Commissioner thinks fit.

  (6) A licence or order issued under subsection (2) shall have effect according to its tenor as if it were a contract voluntarily entered into by the grantee and the other person concerned.

  (7) Subject to the provisions of this Act, the Commissioner may at any time—

  • (a) on the application of any person; and

  • (b) if the Commissioner thinks it appropriate,—

  limit, vary, extend, or revoke, a licence or order issued under subsection (2).

  (8) As soon as is possible after issuing a licence or order under subsection (2), or limiting, varying, extending, or revoking, any such licence or order, the Commissioner shall publish in the Journal brief details of the action taken.

  Compare: 1973 No 37 s 23