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Plant Variety Rights Application and Review

附錄四
Signicance 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, thereby keeping abreast of international market trends in regard

to the plant varieties in order to enhance the competitiveness of our agricultural products in the

ಔيۜ၇ᛆ͡ሗʿᄲݟ international market via the sophisticated breeding techniques 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 announced by the Council of Agriculture, and that possesses the characteristics of novelty,

distinctness, uniformity 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

describable characteristics, from any other plant varieties that have been in general

circulation, or that have obtained 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.

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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 propagation, or after a certain number of propagation cycles, through a

designated propagation method.
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