Radical Amendment of Plant Seed Law in Taiwan. Breeding in Taiwan Protected by UPOV.

The amendment to “Plant Seed Law” passed three readings of the Legislative Yuan on March 30, 2004, and was subsumed into the protective regulation in “International Union for the Protection of New Varieties of Plant” (UPOV). For the sake of international principle of reciprocity, this amendment places restrictions on foreigners’ application for variety right protection, and R&D personnel can enjoy “the right of having his name shown ” on research results, which helps the development of agricultural biotechnology and breeding protection in Taiwan. This amendment enlarges the scope of variety rights protection to the “crops” of varieties and “directly processed goods” and “subordinate variety”. Moreover, this amendment prolongs the 15-year protection term of new plant variety rights; the protection term of woody or perennial vine varieties is 25 years, while other plant varieties, 20 years.

 

Meanwhile, for the sake of the avoidance of variety right applicant’s loss during the term from the disclosure of application to the obtainment of variety right due to another’s infringement, temporary protection principle is adopted accordingly, and such right commences with the time of the disclosure of such application. The regulation that the breeds in possession of novelty, distinctiveness, consistence, stability, and appropriate breed names shall apply for variety right is inserted.

 

For the principle of international reciprocity, the application of the foreigners whose countries do not jointly with Taiwan participate in international treaty, institution, and do not conclude mutual protection agreement with Taiwan, or repudiate Taiwanese citizens’ application for variety right protection will not be accepted. The application for “preferential right” is also limited to those countries which mutually admit “preferential right” with Taiwan.

 

This amendment also secures R&D personnel’s rights; that is, variety application right and variety right of the “breed” bred or discovered and developed due to the employee’s job duties belong to the employer, while the breeder should enjoy the right of having his name shown in addition to appropriate remuneration. Especially, for the breeds that are bred by the employee “not due to his job duties”, such employee can also obtain variety application right and variety right. (2004.03)

CYJ/CCS