Effective Immediately Taiwan-cultivated Diritis Pulcherrima Varieties Are Eligible Subject Matters As Phalaenopsis for PRC Plant Variety Rights.

A major breakthrough in conclusion of the second meeting of the plant varieties working groups from both sides of the Taiwan Strait: Taiwan-cultivated Diritis pulcherrima may be filed as Phalaenopsis for plant variety rights in the People's Republic of China (PRC).  Also, in line with the objective of minimizing cross-Strait differences with respect to the examination and verification test of plant varieties, the Council of Agriculture (COA) has selected Phalaenopsis, rose, osmanthus fragrans and guajava for the work subjects of the cross-Strait exchange on variety verification test skill this year (2013).  The COA is holding high hopes for mutual recognition of testing and verification methods with a view to effectively reducing the cost that may be incurred by both sides of the Strait.  The coverage of mutual recognition will be broadened if the above cross-Strait exchange brings successful result, said the COA.

According to the COA, the orchid hybrid of Doritis pulcherrima and Phalaenopsis belongs to the Doritis genus and it is not easy to tell this hybrid from a Phalaenopsis by their appearance alone.  In view of the addition of this hybrid to the Sander's List (International Register of Orchid Hybrid) by the Royal Horticultural Society last year (2012), COA's Orchid Varieties Review Committee resolved at the March 2013 meeting to place Doritis pulcherrima varieties on the list of eligible subjects of plant variety rights as Phalaenopsis.  To assist Taiwanese cultivators seeking plant variety rights in the PRC, the COA successfully proposed to the second cross-Strait meeting between both sides' plant varieties working groups in April that Taiwanese Doritis pulcherrima cultivators be allowed to seek plant variety rights in the PRC on their Doritis pulcherrima varieties as Phalaenopsis.  That is, effective immediately, Taiwanese cultivators may file plant variety right applications in the PRC on their successfully cultivated Doritis pulcherrima varieties as Phalaenopsis.

Also, according to the COA, Taiwanese cultivators may apply for plant variety rights in the PRC on their new plant varieties under the Cross-Strait Intellectual Property Right Protection Cooperation Agreement of June 2010.  In line with said Agreement, the relevant cross-Strait work groups meet each year to review, discuss and negotiate to resolve plant varieties protection issues and practical problems concerning variety rights applications with a view to minimal difference between both sides of the Strait with respect to verification test method and skill and speedy examination of plant variety applications.  Both sides still need to work together to resolve certain technical issues regarding the examination of applications and verification tests, both of which are crucial in protecting holders of plant variety rights.  (2013.05)
/EMA