Strengthening Control Over Propagation Materials of Crops to Safeguard the Sustainable Development of Taiwan's Agricultural Industry

Taiwan boasts advanced agricultural technology and a robust breeding capacity of crops. Propagation materials, such as plant seeds and seedlings, form the bedrock of the agricultural industry's progress, with plant varieties serving as the lifeblood of its development. Recent concerns have surfaced regarding the alleged misappropriation of Taiwan's Tainung No.23 "Mango Pineapple" pineapple cultivar by China, prompting heightened awareness about the potential unauthorized dissemination of Taiwan’s crop varieties. The Council of Agriculture (COA), Executive Yuan, underscores that the "Mango Pineapple" is a newly developed pineapple cultivar by the Taiwan Agricultural Research Institute under the COA, with plant variety rights (PVR) granted on June 11, 2018. Following due deliberation in 2019, the COA has granted a five-year non-exclusive licensing to 4 plant nurseries and 3 farmers for production, exclusively within Taiwan. Notably, the asexual reproduction nature of pineapples, coupled with a multiplication rate of 3-5 times and a minimum reproduction time of 1.5 years, raises doubts about the possibility of the mass production claimed by Chinese media. Emphasizing the territorial nature of PVR, the COA has applied for PVR protection in Japan, the pineapple's target market, and temporary protection has been granted. This strategic move ensures the potential prevention of any PVR-infringing products from being exported to Japan, enabling Taiwan to assert its rights in the market. Similar protective measures have been implemented for competitive crops such as vegetable soybeans and Phalaenopsis orchids.

In a bid to fortify Taiwan's agricultural industry, curb illicit import/export activities, and thwart the unauthorized export of superior cultivars, the COA is spearheading amendments to Articles 51, 55-1, and 55 of the Plant Variety and Plant Seed Act. These amendments empower the Central Competent Authority to issue public announcements prohibiting the import/export of specific propagation materials (referred to as "plant seeds" in the Act), their harvested material, and products made directly from their harvested material. Criminal liabilities, including imprisonment for not more than three years, detention, and/or fines ranging from NT$600,000 to NT$3 million, are proposed for violators. The amendments also include provisions for the confiscation of illegal goods and penalties for legal persons professionally associated with the violators. The draft amendments, approved by the Executive Yuan on March 16, 2023, have been sent to the Legislative Yuan for deliberation. The COA urges collective efforts to safeguard Taiwan's agricultural industry, advising against illegal export activities to uphold the stable economic development of Taiwan's agriculture.

Enhancing Export Controls on Propagation Materials of High-Value Crops to Sustain Agricultural Competitiveness
In accordance with Export Regulation 441, the COA has amended directions governing the issuance of export permits for propagation materials to safeguard the international competitiveness of high-quality varieties and crops with potential from Taiwan. These directions, in effect since July 28, 2021, now encompass nine additional crops, necessitating approval prior to exporting their propagating materials, which may include cuttings, whole or parts of plants (regardless of graftage involvement), and pineapple slips. The specified crops comprise sugar apple, atemoya, dragon fruit, mango, wax apple, star fruit, lychee, Indian jujube, and pineapple. Exporters of propagation materials must verify compliance with Export Regulation 441 and, if required, obtain permits from the Central Competent Authority. Depending on circumstances, customs penalties under the Foreign Trade Act, Customs Act, or Customs Anti-smuggling Act may apply for unauthorized exports.

COA Enhances R&D Results Management with Penalties for Illegal Outflow
To further safeguard agricultural R&D results, the COA amended Article 23 of its Scientific and Technological Research and Development Results Ownership and Utilization Regulation on May 26, 2021. The revision introduces penalties for the illegal dissemination of R&D results funded by the COA. Unapproved licensing of R&D results outside Taiwan's jurisdiction leads to discontinued grants, grant recovery, and suspension of project directors and involved members from applying for COA-funded projects for 1 to 10 years, with potential lifetime suspension for severe cases.

Promoting PVR Awareness to Deter Illegal Import/Export and Ensure Taiwan's Agricultural Sustainability
Recognizing plant varieties as pivotal to agriculture, the COA is actively combating illegal import/export activities. In addition to legislative amendments and strengthened controls on propagation materials, the COA continues to review existing management practices, enhances educational initiatives on propagation material management and plant variety protection, and creates a conducive environment for defending rights, fostering the sustainable development of Taiwan's agriculture.

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Strengthening Control Over Propagation Materials of Crops to Safeguard the Sustainable Development of Taiwan's Agricultural Industry