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附錄四 Appendix 4
附錄四 Appendix 4

植物品種權申請及審查

附錄四 Appendix 4

Significance of Plant Variety Rights Protection

The objective of plant variety rights protection to protect the legal right of plant breeders, encourage
investment in plant breeding research among enterprises and individuals, accelerate innovative research
and development of new plant varieties, and import new, exceptional plant varieties from other countries,
thereby keeping abreast of international market trends in regard to the plant varieties in order to enhance the
competitiveness of our agricultural products in the international market via the sophisticated breeding techniques
adopted by domestic farmers.

Plant Variety Rights Application and Review

Ⅰ . Basic Criteria Plant Variety Rights Application
Any new variety that falls into the applicable scope of the plant Variety and plant seed Act, as announced
by the Council of Agriculture and that possesses the characteristics of novelty, distinctness, uniformity and sta-
bility, as well as an appropriate plant variety denomination, may be applied for a plant variety right.

Novelty: Prior to the date of filing of the application for a plant variety right, no plant seeds or harvested materi-
als of such plant variety have been sold or promoted solely by or with the consent of the applicant either inside
the R.O.C. for more than one year or outside the R.O.C. for more than six years in the case of woody or perenni-
al vine plants or for more than four years in the case of all other plant species.

Distinctness: A plant variety can be distinguished on the basis of one or more recognizable and describable
characteristics from any other plant varieties that have been in general circulation or that have obtained a plant
variety right either inside or outside the R.O.C., prior to the date of filing of the application for the plant variety
right.

Uniformity: With the exception of predictable natural variations, the characteristics of individual plants of the
plant variety exhibit uniformity in comparison with each other. 2018 YearBook for Protection of New Plant Varieties
Stability: The main characteristics of the plant variety are able to remain unchanged after repeated propagation,
107 年植物品種權年鑑
or after a certain number of propagation cycles, through a designated propagation method.

Ⅱ . Currently Applicable Scope of the Plant Variety and Plant Seed Act

The plant varieties that are within the applicable scope of the plant Variety and Plant Seed Act have been
announced by the Council of Agriculture of the Executive Yuan. The examination methods for each variety will

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