Where the holder of a patent for a biotechnological invention cannot exploit the invention without infringing a prior plant variety right, he may apply for a licence to exploit the variety protected by the variety right, provided that the invention constitutes, in relation to the plant variety, a significant technical advance and is of considerable economic interest. The applicant must prove that he has not been able to obtain a licence to exploit the variety from the holder of the plant variety right and that he is in a position to exploit the variety effectively and seriously.
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