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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

Ways to Make a Claim for Infringement of Plant Variety Rights

The holder of a plant variety right or his or her exclusive licensee may claim damages against any persons
who intentionally or negligently infringe on the plant variety right, and demand the removal of the infringement.
When claiming damages in accordance with the regulations, either of the options provided in the following sub-
paragraphs may be used to calculate the amount of damage:
1. In accordance with Article 216 of the Civil Code, if no evidentiary methods can be provided to prove the
damage, the holder of a plant variety right or his or her exclusive licensee may use difference between the
profits actually made by the right holder after the infringement on the plant variety and the profits normally
expected from exercise of such variety or its dependent variety.
2. Profits that the infringer actually earned as a result of the infringing activities; where the infringer is unable
to produce proof of costs or necessary expenses, the entire income derived from the sales of the infringing
articles may be deemed to be the infringer’s profits.
In addition to the requirements set forth in the preceding paragraph, the holder of a plant variety right or
his or her exclusive licensee may claim separately for an appropriate amount of remuneration corresponding to
the loss to his or her respective business reputation as a result of the infringement.

List of Varies Procedural Fees Concerning Plant Variety Rights

Item Charging Standard (NTD/per variety)

1. Plant variety rights application fee 2,000

2. Plant variety rights certificate fee 1,000
3. Annual fee for plant variety rights

(1)Every year from the 1st to the 3rd year 600 2018 YearBook for Protection of New Plant Varieties

(2)Every year from the 4th to the 6th year 1,200
(3)Every year from the 7th to the 9th year 2,400
107 年植物品種權年鑑
(4)Every year from the 10th to the 12th year 4,800
(5)Every year from the 13th to the 16th year 9,600

(6)Every year from the 17th year 19,200
4. Characteristic examination fee 12,000

5. Follow-up characteristic testing fee 6,000

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