Page 285 - 102年植物品種權年鑑

Plant Variety Rights Coverage

Ⅰ .Eectiveness: 附錄四

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:

ಔيۜ၇ᛆ͡ሗʿᄲݟ
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 following 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-prot purposes

Ⅱ .Liability exemption for research purposes

¸ Acts for experimental or research purposes

¸ Acts for the purpose of breeding other varieties, but not including acts for the purpose of

breeding dependent varieties

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