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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

Ⅴ . Compulsory licensing

◎ To cope with substantial national situations or to make non-profit use for the enhancement of public interest.
◎ An applicant failed to reach a licensing agreement with the holder of a plant variety right under reasonable
commercial terms with in a considerable period of time.
◎ The holder of a plant variety right has engaged in restrictive or unfair competition.
Applications for compulsory licenses may be filed with the central competent authority. The compulso-
ry licenses shall be nonexclusive and nontransferable licenses only. The term of a compulsory license shall
not exceed four years.

Preservation of Plant Variety Rights

Ⅰ . Lapse of plant variety rights

◎ Expiration of plant variety rights.
◎ Abandonment of plant variety rights.
◎ Failure to pay the annual fee within the time period for late payment.

Ⅱ . Nullification of plant variety rights

◎ A plant variety protected by a plant variety right no longer possesses the characteristics of novelty, distinct-
ness, uniformity and stability.
◎ A plant variety right was obtained by a person who is not entitled to apply for the plant variety right.
The central competent authority shall nullify the plant variety right, either upon request or ex officio,
under the aforesaid circumstances.

Ⅲ . Cancellation of plant variety rights 2018 YearBook for Protection of New Plant Varieties

◎ After a plant variety right is obtained, the plant variety protected by the right no longer meets the require-
107 年植物品種權年鑑
ments for uniformity or stability under Article 12.
◎ The holder of a plant variety right fails to fulfill his or her obligations, such as provision of materials for fol-
low-up testing, in accordance with Article 33 without legitimate cause.
◎ The holder of a plant variety right fails to propose a suitable denomination under Article 35 without legiti-
mate cause.
The central competent authority may cancel the plant variety right, either upon request or ex officio,
under the aforesaid circumstances.

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