Page 287 - 102年植物品種權年鑑

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

variety right.
附錄四
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.
ಔيۜ၇ᛆ͡ሗʿᄲݟ
¸ 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 persons who intentionally or negligently infringe on the plant variety right, and

demand the removal of the infringement. 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 normally 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 unable to produce proof of costs or necessary expenses, the entire income

derived from the sales of the infringing articles may be deemed to be the infringer§s

profits.

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