Page 205 - 100年植物品種權年鑑

Appendix 4

Ⅵ.Application Review

Evaluation committees for a variety of plans, consisting of domestic experts and scholars and estab-
lished by the Council of Agriculture of the Executive Yuan pursuant to the Regulations of the Organization

of Plant Variety Evaluation Committee and the Review Procedures, will review the applications for plant
variety right in accordance with the said regulations. The review results will then be compiled into a deci-
sion report which indicates the reason for such decision, in order to inform applicants. The plant variety

right will be announced and a plant variety right certificate will be issued after the payment for the certifi-
cate fee and first year membership fee has been made. It requires about 1-3 years from application to certi-

ficate issuance in general.

Plant Variety Rights Coverage

Ⅰ.Effectiveness:

The holder of a plant variety right has the exclusive right of production, propagation, promotion, sale,
import and export with respect to plant seeds of the variety approved to be registered for a plant variety

right, as well as the harvested materials and processed products obtained through use of plant seeds of such
variety. Others must obtain authorization from the holder of the plant variety right in order to make use of

such variety.
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
announcement 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 application, 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 fol-

lowing 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

2011 YearBook for Protection of New Plant Varieties 205