Page 313 - 103年植物品種權年鑑

附錄四

Plant Variety Rights Coverage

I.Effectiveness:

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.
植物品種權申請及審查
II.Term:

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-profit 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

III.Liability exemption for retaining plant seeds by farmers

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