Page 193 - 104植物年鑑定稿

Ⅵ . Application Review

附 Evaluation committees for a variety of plans, consisting of domestic experts and scholars and es-

錄 tablished by the Council of Agriculture of the Executive Yuan pursuant to the Regulations of the Or-
ganization of Plant Variety Evaluation Committee and the Review Procedures, will review the applica-
四 tions for plant variety right in accordance with the said regulations. The review results will then be Appendix 4

compiled into a decision report which indicates the reason for such decision, in order to inform appli-
cants. The plant variety right will be announced and a plant variety right certificate will be issued after

the payment for the certificate fee and first year membership fee has been made. It requires about 1-3
years from application to certificate issuance in general.

Plant Variety Rights Coverage

植物品種權申請及審查 Ⅰ . Effectiveness: 植物品種權申請及審查

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 or-
der to make use of such variety.

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 approv-
al 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 ap-
proval 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 dis-
closure of their plant variety right applications, and who continued to use such plant varieties for com-

mercial 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.
104 年植物品種權年鑑
Limitation of Plant Variety Rights

Ⅰ . Acts by an individual for non-profit purposes

Ⅱ . Liability exemption for research purposes

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