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Ⅲ . Cancellation of plant variety rights

附 ◎ After a plant variety right is obtained, the plant variety protected by the right no longer meets the re-

錄 quirements 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
四 for follow-up testing, in accordance with Article 33 without legitimate cause. Appendix 4

◎ 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 offi-
cio, 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
植物品種權申請及審查 persons who intentionally or negligently infringe on the plant variety right, and demand the removal of 植物品種權申請及審查

the infringement. When claiming damages in accordance with the regulations, either of the options pro-
vided 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 be-
tween 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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