2/ The Ministry may grant a compulsory license only if: a) the holder is not producing and selling the propagating material of the protected variety in sufficient amount to meet the needs of the general public and has refused to license other persons to produce and sell the propagating material of the protected variety or is not willing to give such license under reasonable terms; or b) there exist no condition under which the holder can be expected to give a permit to use his protected variety. 3/ Where the Ministry grants compulsory license, it shall determine the remuneration the person to whom the compulsory license is granted shall pay to the holder, the duration of the compulsory license and other conditions as necessary. The duration of a compulsory license shall not be shorter than three years and longer than five years; provided, however, that the Ministry may extend the duration if an application for extension is made and the conditions warranting compulsory licensing continue to exist. 4/ A person to whom a compulsory license is granted shall have a non-exclusive right to perform all or any of the activities for which the authorization of the holder would have been required. 5/ Compulsory licensing shall not preclude the holder from using the variety or to grant license to others. 9. Duration of Plant Breeders' Right Without prejudice to other provisions of this Proclamation, a plant breeders' right shall exist for a period of 20 years in the case of annual crops, and 25 year in the case of trees, vines and other perennial trees from the date the successful application for a plant breeders' right was accepted. 10. Persons Entitled to Plant Breeders Right 1/ A breeder shall be entitled to a plant breeders' right in respect of his new plant variety, whether or not the breeder is an Ethiopian national or a foreigner, or is an Ethiopian resident or not, and whether the variety was bred locally or abroad. 2/ Where two or more persons bred the variety jointly or that they are joint successors, they shall jointly be entitled to plant breeders' right; provided however, that only one or some of such persons may apply for a plant breeders' right provided that the remaining other persons have given their consent in writing to this effect. 3/ Where the breeder is a public or a private institution, the plant breeders' right shall be granted in the name of the institution. 4/ Where a variety has been bred by two or more persons independently of each other, the entitlement to plant breeders' right shall belong to the person who has first filed an application with the Ministry for plant breeders' right. 5/ Where an application is filed by a person who is not entitled to plant breeders' right, the person who is entitled to the plant breeders' right may apply to the Ministry for the