1. For the purposes of Article 29 of the Law, a qualified reason of public interest shall be deemed to exist when there is an emergency or when the exploitation of a variety is considered indispensable to meet the basic needs of a sector of the population and there is a deficiency in supply or provision.
2. The President of the Republic, at the request of the Ministry of Agriculture and Livestock, shall grant the compulsory license to one or more state entities or to one or more natural or legal persons of the private sector, depending on the seriousness of the situation, by means of an Executive Decree detailing the conditions under which the license is granted.
3. Any person who considers it necessary for a compulsory license to be granted because the conditions established for that purpose by the Law and these Regulations are met, may initiate the granting process before the Office with the corresponding justification. The Office shall process the application and forward it to the Ministry of Agriculture for its handling.
4. In the event that the Ministry of Agriculture and Livestock effectively considers it necessary to grant a compulsory license to one or more natural or legal persons of the private sector, it shall request the Office to publish a public offer so that interested parties may apply for the license.
5. The Executive Branch shall also take into account the following aspects in the decision to grant a compulsory license:
- a)That it is determined that extraordinary circumstances prevail which affect the satisfaction of basic needs in any sector of the population and that it is determined that these circumstances could be resolved in part through the exploitation of one or more protected plant varieties.
- b)That at least three years have elapsed from the date of the grant of the breeder's right.
- c)That the breeder has been previously notified and that the breeder has not shown credible interest or is unable to cover the emergency or the supply or shortage situation under the conditions established by the Ministry of Agriculture and Livestock.
6. The compulsory license shall be granted for a specific term, upon fulfillment of the requirements indicated by the Office in the public offer calls, among which the payment of compensation must be provided for, to be borne by the licensee and in favor of the titleholder of the plant variety or their successor in title.
7. The compulsory license shall confer upon its beneficiary the non-exclusive right to perform all, or some, depending on what the respective decree establishes, of the acts covered by Article 18 of the Law for reasons of public utility.
8. The Executive Branch may require the titleholder to make available to the beneficiary of the compulsory license the quantity of reproductive or propagating material necessary for a reasonable use of the compulsory license, provided that adequate remuneration is paid.
9. The license may be extended if it is considered, based on a new process in which all these requirements are verified, that the conditions necessary for the granting of the license persist after the first expiration date.
10. The Executive Branch shall withdraw the compulsory license if its beneficiary violates the conditions under which it was granted.
11. The breeder shall always retain their right to continue exploiting and taking advantage of the variety.
12. If, during the term of the compulsory license, the plant variety subject thereto enters the public domain, from that latter date the licensee shall have no obligation to pay the breeder or their successors in title the compensation established in the license.