Where a breeder cannot obtain or exploit a plant variety right without infringing an earlier patent, he may request the grant of a licence under that patent insofar as such licence is necessary for the exploitation of the plant variety to be protected and provided that the variety constitutes, in respect of the invention claimed in that patent, a significant technical advance and is of considerable economic interest.
Where such a licence is granted, the patent owner shall obtain on equitable terms, on application to the court, the grant of a reciprocal licence to use the protected variety.
The provisions of the articles L. 613-12 to L. 613-14 shall apply.