Page 206 - 100年植物品種權年鑑

附錄四

100
Ⅱ.Liability exemption for research purposes
年
植 ◎Acts for experimental or research purposes
物
品 ◎Acts for the purpose of breeding other varieties, but not including acts for the purpose of breeding
種
權 dependent varieties
年
鑑 Ⅲ.Liability exemption for retaining plant seeds by farmers

206 ◎The applicable scope is limited to the varieties that have been announced by the central competent
authority to maintain food safety.
◎Retention of plant seeds of harvested materials by farmers for their own use

◎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 to.

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.

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 rea-
sonable 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 compul-
sory 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,
distinctness, uniformity and stability.

◎A plant variety right was obtained by a person who is not entitled to apply for the plant variety right.