Page 182 - 107植物品種權年鑑

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

Ⅱ . Term:

The term of protection for plant variety rights for a woody or perennial vine plant is 25 years from the date
of approval and announcement of the plant variety right, and 20 years from the date of approval and announce-
ment of the plant variety right for other plant species.

Ⅲ . Provisional protection:

The central competent authority shall disclose received applications within one month from the date of ap-
plication, and provide provisional protection from the date of disclosure to the date when approval is granted
and announcement is made. After obtaining plant variety rights, applicants may claim appropriate remuneration
from persons whom the applicants have notified in writing following the disclosure of their plant variety right
applications, and who continued to use such plant varieties for commercial purposes following the notification
and prior to the date of approval and announcement.
The right to claim remuneration under the paragraph will lapse if not exercised within two years from the
date of announcement.

Limitation of Plant Variety Rights

Ⅰ . Acts by an individual for non-profit purposes

Ⅱ . Liability exemption for research purposes
◎ Acts for experimental or research purposes.
◎ Acts for the purpose of breeding other varieties, but not including acts for the purpose of breeding dependent
varietiesa.

Ⅲ . Liability exemption for retaining plant seeds by farmers

◎ The applicable scope is limited to the varieties that have been announced by the central competent authority 2018 YearBook for Protection of New Plant Varieties
to maintain food safety.
◎ Retention of plant seeds of harvested materials by farmers for their own use.
107 年植物品種權年鑑
◎ Acts by regarding conditioning and nursing of seedlings upon farmers’ requests, but by the central competent
announced that is suitable the species to be limited .

Ⅳ . Exhaustion of rights

The effectiveness of plant variety right is not extended to acts of domestically selling or otherwise cir-
culating any variety protected by a plant variety right, as undertaken voluntarily by, or with the consent of
the holder of the plant variety right, but not including acts of further propagation of such protected variety.

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