Page 314 - 103年植物品種權年鑑

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 otherwise circulating any variety protected by a plant variety right, as
植物品種權申請及審查
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

103 年植物品種權年鑑 ◎Failure to pay the annual fee within the time period for late payment
II.Nullification of plant variety rights

◎A plant variety protected by a plant variety right no longer possesses the

characteristics of novelty, distinctness, uniformity and stability.

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

314