17 Compulsory licences

17  Compulsory licences

(1)     Subject to subsections (2) and (3) below, if the Controller is satisfied on application that the holder of any plant breeders' rights—

(a)     has unreasonably refused to grant a licence to the applicant, or

(b)     has imposed or put forward unreasonable terms in granting, or offering to grant, a licence to the applicant,

he may grant to the applicant in the form of a licence under this section any such rights as might have been granted by the holder.

(2)     The Controller shall not grant an application for a licence under this section unless he is satisfied—

(a)     that it is necessary to do so for the purpose of securing that

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