Plant Breeders' Rights Licenses & Assignments
In Tanzania, the holder of plant breeders’ rights may grant to any person, a license to undertake any activity to which the holder is entitled under the law. The license may include conditions regarding: (a) the quantity of propagating material of the relevant variety to be supplied to the licensee and its price; (b) the royalties payable; (c) the information to be furnished to the licensor regarding the licensee activities under the license; (d) the duration of the license, which must not exceed the remaining term of the plant breeders rights; (e) any limitation on the licensees' ability to transfer all or any part of his rights under the license, or to enter into sub-license arrangements; (f) the effect of failure to comply with any condition or covenant of the license; and (g) any other matter to which the parties may agree. The existence of a license will not affect the decision of the Registrar regarding the granting, nullification, termination, or restoration of any plant breeders’ rights, or any other administrative action authorized under the law.
At any time after three years following the grant of plant breeders' rights, any person may petition to the Registrar to issue a compulsory licence on the ground that the holder: (a) unreasonably refuses to grant him a licence; or (b) imposing unreasonable conditions for the issue of such a licence, and that, on account of the refusal, the reasonable requirements of the public with regard to the new variety in question, are not being satisfied or will not be satisfied. A petition (a) may be brought regardless of whether the holder has granted other licensees with respect to the variety; (b) must set out the facts and allegations on which the petition is based and the Registrar may require the application to be substantiated by such proof as he may deem necessary. If the holder of plant breeders' rights wishes to contest the petition, he must, within one month or such further period as the Registrar may allow, submit a counter statement setting out the grounds for his refusal to grant a licence or for the conditions imposed thereon, and the Registrar must furnish the petitioner with a copy of the counter statement. The Registrar must hold a hearing to consider the petition and if the Registrar is satisfied that the holder is unreasonably refusing the licence or imposing unreasonable conditions for the issue of a licence, and as a result the reasonable requirements of the public with regard to the new variety in question are not being satisfied or will not be satisfied, he may issue a compulsory licence, setting out the terms and conditions of the licence. In setting the terms of a compulsory licence, the Registrar must use reasonable endeavours to ensure that the propagating material of the variety in question will be available to the public at reasonable prices, and that, the holder of a plant breeders' rights derives a reasonable advantage from it. The terms of the compulsory licence must not prevent the licensor from giving additional licences for the variety to other persons.