COUNTRY : REPUBLIC OF CHINA
CAPITAL : TAIPEI CITY
LANGUAGES : MANDARIN & ENGLISH
INTERNATIONAL TREATIES TO WHICH TAIWAN IS SIGNATORY
- Paris Convention for the protection of Industrial Property.
- Agreement on Trade Related Aspects of Intellectual Property – TRIPS.
PLANT BREEDERS RIGHTS LEGISLATION:
Plant Breeders Rights in Taiwan are protected by:
Plant Variety and Seed Act -PVPSA
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The PVPSA protects New Plant Varieties which are:
- Novel – Distinct
- Designated by proper denominations
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS:
The PVPSA protects the following Plant Varieties:
- Essentially Derived Varieties
- Transgenic Varieties
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The PVPSA does not protect new varieties if the denomination given to such variety which:
- Expressed solely in numbers
- Identical with or similar to the denomination of another plant variety within the same species or closely related species
- Likely to cause confusion and false identification concerning the characteristics of the applied plant variety and the breeder of the variety
- Contrary to and conflicting with public order and customsParityPatents Law Firms through its Attorney and Law Firms in Taiwan is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
- Persons claiming to be Breeders
- Successors in title
- Plant Variety Protection consultants
- Persons or legal bodies commissioning the breeder
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the PVPSA to contain the following requisites:
- The name of the applicant, the applicant’s permanent and temporary residences, or in the case of a juristic person or organization, its name, its office location, place of business, the name of its legal representative, manager and his or her permanent and temporary residences;
- The botanical name of the plant variety,
- The denomination of the plant variety,
- The source of the plant variety,
- The characteristics of the plant variety,
- The process of breeding and discovery of the plant variety,
- A test report on the cultivation of the plant variety,
- Matters to which one must pay attention when cultivating the plant variety, and
- Application to be written in Chinese
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- Upon receipt of the application, it is formally examined to confirm compliance with all the requisites. The applicant is directed to comply with deficiencies if any found within the prescribed time period, else, application is deemed withdrawn.
- Upon application being compliant, it is published.
- Post publication and before grant of registration, interested third parties may file their opinion / objections challenging the grant of plant variety registration.
- Applicant to file an application for substantive examination along with applicable fees.
- Post substantive examination, the authorities to accept the plant variety protection application and grant registration and protection
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Duration of Registration:
25 years from the date of grant of registration – trees and perennial vines.
20 years from the date of grant of registration – all other varieties.
Owners of the registered plant variety may:
- Conduct production and propagation of the plant variety
- Process the plant variety for the purposes of propagation
- Advertise the plant variety for sale
- Sell, Market and Trade the plant variety
- Export and Import the plant variety
- Stock the plant variety to carry out all of the above acts
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
Authorities may issue compulsory licenses in the following circumstances:
- To cope with important and substantial national requirements
- Applicant’s failure to reach a licensing agreement with the holder of the plant variety under reasonable commercial terms within a reasonable period of time
- To be exploited towards satisfying domestic market demandParityPatents along with specialised Patent Lawyers and Patent Attorneys in Taiwan, can assist you comprehensively with PBR Compulsory Licence matters.