Page 286 - 102年植物品種權年鑑

Ⅲ .Liability exemption for retaining plant seeds by farmers

附錄四 ¸ 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

ಔيۜ၇ᛆ͡ሗʿᄲݟ otherwise circulating 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 reasonable 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 compulsory 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
年植物品種權年鑑 102
¸ Failure to pay the annual fee within the time period for late payment

Ⅱ .Nullication of plant variety rights

¸ A plant variety protected by a plant variety right no longer possesses the characteristics of

novelty, distinctness, uniformity and stability.
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