Rice to be Covered under Plant Varieties Protection to Facilitate Agricultural IP Rights.　A Hope for the Launch of Animal and Plant Patent Application.

Agricultural IP rights protection will become broader in its scope; for example, agricultural administration divisions have prepared to contain rice under plant varieties protection before the end of 2005. In addition, Council of Agriculture and the Ministry of Economic Affairs reached consensus to contain animals and plants under the protection of the “Patent Act” in Taiwan. Such an amendment enables the providers of fluorescent fish and genetically modified animals and plants, research institutions, or farmers to apply for patent protection to avoid another’s copying and plagiarizing.

 

  The amended “Plant Variety and Plant Seed Act” has been enforced since June 30, 2005, and it is deemed as a milestone of plant varieties protection in Taiwan by the Council of Agriculture. The amended “Plant Variety and Plant Seed Act” not only protects the plant varieties themselves, but also their harvested materials, the products made directly from the harvested materials, and their dependent varieties. The protection term of plant variety rights shall be 25 years.

 

  When the plant variety right of a new crop variety is infringed, the holder of such variety right shall claim damages according to the laws. Further, if the new variety is prohibited from being exported, a fine up to one million five hundred thousand but not less than three hundred thousand NT Dollars shall be imposed as long as such illegal exportation is investigated.

 

  An official of the Department of Science and Technology of Council of Agriculture indicated that the plant seed protection is broad in its scope, while it is not applicable to forestry, aquatic products, livestock, and poultry. For this reason, the industry, notably the bio-technology companies, is urging the government’s launch of applications for animal and plant patents. (2005.7)

CYJ/CCS