Page 203 - 100年植物品種權年鑑

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, there-
by keeping abreast of international market trends in regard to the plant varieties in order to enhance the com-

petitiveness of our agricultural products in the international market via the sophisticated breeding techni-
ques 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 an-
nounced by the Council of Agriculture, and that possesses the characteristics of novelty, distinctness, uni-
formity and stability, 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

materials 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 perennial 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 describ-

able characteristics, from any other plant varieties that have been in general circulation, or that have obta-

ined 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.
Stability: The main characteristics of the plant variety are able to remain unchanged after repeated propa-

gation, 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 be developed and announced every year. A total of 145 plant varieties have been announced
thus far:
1.55vegetable varieties: Garlic, Chinese yam, Pak-choi, White gourd, Cabbage, Watermelon, Taro, Waterc-
ress, Brussels sprout, Edible rape, Celery, Cauliflower, Mustard, Chinese kale, Broccoli, Pumpkin, Bottle

2011 YearBook for Protection of New Plant Varieties 203