COA Negotiated with CPVO to Simplify Application Procedure for Community Plant Variety Right.

Taiwan has enjoyed international fame for Phalaenopsis orchid culture but local orchid growers have fallen victims of pirated culture of the Phalaenopsis orchid varieties they successfully developed.  Things are about to change.  The Council of Agriculture (COA) is actively communicating with Bart Kiewiet, President of Community Plant Variety Office (CPVO) for possible mutual recognition of DUC test reports produced on Phalaenopsis orchid varieties and expansion of variety protection with a view to saving repeated tests and the time and monetary cost incurred by local orchid growers from seeking the Community plant variety right protection of their Phalaenopsis orchid varieties..

Plant variety right is generally territorial so obtaining plant variety protection from the importer’s home countries such as the Community states, is crucial to Taiwanese Phalaenopsis orchid seedlings farmers.  In March 2007, Taiwanese culturists of Phalaenopsis orchids became eligible applicants for Community plant variety right which may be enforced throughout the 27 member states.  That was a break-through which led to the strategic alliance between orchid growers in Taiwan and in the Community states.  It also boosted the relevant bilateral trade.  As of today, CPVO has granted a total of 50 applications from Taiwanese orchid culturists, ranking Taiwan on top of non-Community states in terms of application success rate.  Further, Taiwan’s orchid exports value amounts to over TWD300 million in 2008, three folds of the total orchid exports value in 2005.

Despite the business potentiality from holding Community plant variety rights, local culturists of Phalaenopsis orchids still opt for local plant variety protection.  One of the main reasons is that each Community application costs TWD100,000 in application fees alone and the procedure could take two years or longer.  The COA thus has been in active talks with CPVO for a workable time- and cost-efficient application regime for Taiwanese applicants for protection of their Phalaenopsis orchid varieties the business life span of which is relatively short.  According to the COA, the procedure of the Community plaint variety right application may be shortened by at least one year and the application fees may reduce by about TWD25,000 per variety if CPVO agrees to recognize the DUC test reports produced in Taiwan.  (2009.03)
/EMA