Any person governed by public or private law may obtain a compulsory licence under the conditions set out in this article and in Article L. 623-22-4.
The application for a compulsory licence is made to the judicial court in the place where the right holder is located. It must be accompanied by proof that:
1° The applicant has not been able to obtain a licence within one year from the date of his application to the holder of the certificate;
2° He is in a position to exploit the variety in a serious and effective manner;
3° The licence is in the public interest having regard, in particular, to the notorious shortage of supply of the agricultural market concerned by this variety.
The application for a compulsory licence may be submitted, under the conditions laid down in the second to fifth paragraphs of this Article, by the holder of the certificate issued for a variety essentially derived from a protected variety who has been unable to obtain from the holder of the certificate for the initial variety the authorisations necessary for the exploitation of his own variety.
The holder of the certificate protecting the initial variety may obtain, under the same conditions, a licence for the certificate protecting the essentially derived variety. The compulsory licence is non-exclusive. In particular, the court shall determine its duration, scope and the amount of royalties to which it gives rise.
These conditions may be modified by the court at the request of the holder or the licensee.
If the holder of a compulsory licence fails to comply with the conditions under which that licence was granted, the holder of the breeder’s certificate and, where applicable, the other licensees may obtain the withdrawal of that licence from the court.