Article 42

1.   Without prejudice to the other conditions referred to in Article 29(3) of the basic Regulation, the person to whom the compulsory licence is granted shall have the appropriate financial and technical capacity to make use of the compulsory licence.

2.   Compliance with the conditions pertaining to the compulsory licence and laid down in the decision thereon shall be considered a ‘circumstance’ within the meaning of Article 29(4) of the basic Regulation.

3.   The Office shall provide that the person to whom a compulsory licence is granted may not bring a legal action for infringement of a Community plant variety right unless the holder has refused or neglected to do so within two months after being so requested.