Page 194 - 104植物年鑑定稿

◎ Acts for experimental or research purposes

◎ Acts for the purpose of breeding other varieties, but not including acts for the purpose of breeding
附 dependent varieties

錄
Ⅲ . Liability exemption for retaining plant seeds by farmers
四
◎ The applicable scope is limited to the varieties that have been announced by the central competent Appendix 4

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
植物品種權申請及審查 circulating any variety protected by a plant variety right, as undertaken voluntarily by, or with the con- 植物品種權申請及審查

sent of, the holder of the plant variety right, but not including acts of further propagation of such pro-
tected 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 rea-
sonable 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 com-
pulsory licenses shall be nonexclusive and nontransferable licenses only. The term of a compulsory li-
cense 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
◎ Failure to pay the annual fee within the time period for late payment

104 年植物品種權年鑑
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 the plant variety right.

The central competent authority shall nullify the plant variety right, either upon request or ex offi-
cio, under the aforesaid circumstances.

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