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附錄四 Plant Variety Rights Application and Review

Significance 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 international market
植物品種權申請及審查
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.
103 年植物品種權年鑑
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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