Page 207 - 100年植物品種權年鑑

Appendix 4

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

◎After a plant variety right is obtained, the plant variety protected by the right no longer meets the

requirements for uniformity or stability under Article12.
◎The holder of a plant variety right fails to fulfill his or her obligations, such as provision of materials

for follow-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
legitimate cause.
The central competent authority may cancel the plant variety right, either upon request or ex officio,

under the aforesaid circumstances.

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 per-
sons who intentionally or negligently infringe on the plant variety right, and demand the removal of the in-

fringement. When claiming damages in accordance with the regulations, either of the options provided in
the following subparagraphs 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 nor-
mally 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 un-
able to produce proof of costs or necessary expenses, the entire income derived from the sales of the in-
fringing 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 correspon-
ding to the loss to his or her respective business reputation as a result of the infringement.

2011 YearBook for Protection of New Plant Varieties 207