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Significance of Plant Variety Rights Protection

附 The objective of plant variety rights protection to protect the legal right of plant breeders,

錄 encourage investment in plant breeding research among enterprises and individuals, accelerate

四 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 Appendix 4
plant varieties in order to enhance the competitiveness of our agricultural products in the international

market 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 an-
植物品種權申請及審查 nounced by the Council of Agriculture, and that possesses the characteristics of novelty, distinctness, 植物品種權申請及審查

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 appli-
cant 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 de-
scribable 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.
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.

Ⅱ . Currently Applicable Scope of the Plant Variety and Plant Seed Act

The plant varieties that are within the applicable scope of the plant Variety and Plant Seed Act
have been announced by the Council of Agriculture of the Executive Yuan. The examination methods

for each variety will be developed and announced every year. A total of 167 plant varieties have been
announced thus far:
104 年植物品種權年鑑
1. 56 vegetable varieties: Garlic, Chinese yam, Pak-choi, White gourd, Cabbage, Watermelon, Taro,

Watercress, Brussels sprout, Edible rape, Celery, Cauliflower, Mustard, Chinese kale, Broccoli,
Pumpkin, Bottle gourd, Onion, Cucumber, Carrot, Bitter gourd, Cultivated endive, Eggplant, Chi-
nese chive, Strawberry, Potato, Co-ba, Garland chrysanthemum, Asparagus bean, Kohlrabi,

Melon,Water chestnut, Edible amaranth, Tomato, Pepper, Chinese cabbage, Vegetable sponge, Spin-
ach, Water caltrops, Lima bean, Kidney bean, Oriental pickling melon, Okra, Arrowhead, Lettuce,

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