Page 315 - 103年植物品種權年鑑

附錄四
the plant variety right.
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.
植物品種權申請及審查
◎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.

In addition to the requirements set forth in the preceding paragraph, the

holder of a plant variety right or his or her exclusive licensee may claim separately

for an appropriate amount of remuneration corresponding to the loss to his or her

respective business reputation as a result of the infringement.

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