The Patents Act 1977 (as amended)

Schedule A1 (section 60(5)(g)): Derogation from patent protections in respect of biotechnological inventions; Liability to pay equitable remuneration

Liability to pay equitable remuneration

(3) If the farmer has told H that he is liable to pay remuneration as a result of paragraph 3, he must tell H -

3.- (1) If a farmer’s use of protected material is authorised by section 60(5)(g), he shall, at the time of the use, become liable to pay the relevant rights holder equitable remuneration.

(2) That remuneration must be sensibly lower than the amount charged for the production of protected material of the same variety in the same area with the holder’s authority.

(3) Remuneration is to be taken to be sensibly lower if it would be taken to be sensibly lower within the meaning of Article 14(3) fourth indent of the Council Regulation.