Article 1423: Enforcement licence for breeding achievement

1. After three years from the date on which the patent is granted for a breeding achievement, any person willing and willing to use a breeding achievement, if the patent holder refuses to conclude a licence A contract for the production or sale of seeds, tribal material under conditions consistent with established practice has the right to bring a claim before a court against the patent holder for the provision of a prince. In the claims, the person must specify the conditions proposed by him or her for using such a selective achievement in the territory of the Russian Federation. I grant him such a licence, including the amount of use of the selection achievement, the amount, manner and timing of payments. The court shall decide on the granting of the licence in question and on the conditions for granting it. 2. On the basis of the court ' s decision under paragraph 1 of this Act, the amount of payment for such a licence must be fixed by a court decision not less than the price of the licence determined in comparable circumstances. The federal executive branch, on the basis of the progress achieved in the selection process, is responsible for the State registration of the right to use the sequestered achievement on the basis of the conditions of primordial conditions. 3. On the basis of the court ' s decision to grant a compulsory, simple (non-exclusive) licence, the patent holder is liable for payment and on an acceptable basis. It provides the holder of the licence with seeds or, as appropriate, tribal material sufficient to use a compulsory, simple (non-exclusive) licence. A compulsory, simple (non-exclusive) licence may be terminated by a court of law upon the patent holder ' s claim if the licensee violates the conditions under which the licence is granted. has been granted, or the circumstances that led to the granting of such a licence have changed to such an extent that, if those circumstances had existed at the time of the granting of the licence, they would not have existed at all. would have been granted or would have been granted under significantly different conditions.