|Home > Regulation > The Enforcement Rules for the Plant Variety and Plant Seed Act|
|Title||The Enforcement Rules for the Plant Variety and Plant Seed Act|
These enforcement rules are enacted in accordance with Article 64 of the Plant Variety and Plant Seed Act (hereinafter referred to as "this Act").
Those plant variety right applications and plant seed enterprise registration applications specified in this Act shall be written in this country's characters and submitted to the competent authority.
If the supporting documents to be attached to an application in the preceding Paragraph are in a foreign language, the competent authority may, when deemed necessary, notify the applicant to attach a translation or a summary translation in this country's characters.
Translated scientific terms in the application form and attached documents shall in general follow the translations of the National Institute for Compilation and Translation, and the original foreign language terms shall be included as notes. The scientific names of plants shall be included.
An applicant may appoint an agent. The applicant shall appoint an agent to perform the application if the applicant has no residence, office location or place of business in R.O.C. territory.
The applicant shall submit a letter of appointment stating the extent of the agent's authorization and serving address to the competent authority when appointing an agent.
The applicant shall notify the competent authority in writing prior to a change of the extent of an agent's authorization, otherwise the said change shall not take effect.
The applicant shall apply to the competent authority for a change whenever the applicant's name, title, residence, office location or place of business changes.
Any certifying document submitted pursuant to this Act and these Implementing Regulations shall be presented in its original form or exemplification. Upon clarifying that photocopied certifying document is identical to the original copy or exemplification, the applicant may submit the photocopy instead. However, the evidentiary proof of the application as accepted by the country or World Trade Organization member set forth in Article 17, Paragraph 2 of the Act shall be presented in exemplification.
The original form or exemplification of the proof may be returned to the applicant upon the inspection of the competent authority.
With regard to the serving of application forms in this Act, those forms submitted in written form shall be dated by the date served to the competent authority; and those forms submitted by registered mail shall be dated by the date on the postmark made on the day mailed.
With regard to plant varieties not announced in accordance with Article 4 of this Act, concerned party may clearly state the following items and recommend a public announcement to the central competent authority:
Those who seek to inherit or be assigned a plant variety right or the right to apply for a plant variety right shall fill out an application form, attach the following documents, and apply to the central competent authority:
The plant variety right certificate shall be submitted when a plant variety right is inherited or assigned in the preceding Paragraph
Plant variety right application forms shall state the following items:
An applicant shall make the following claims pursuant to Article 14, Paragraph 1 of the Act when the declaration is made:
If the origin of a plant variety as specified in Article 14, Paragraph 2, Subparagraph 4 of this Act is foreign, the central competent authority may, when deemed necessary, notify the applicant to attach the foreign application case number, search information or receive results within a specified time limit; review will look at existing information when some information has not been submitted within the specified time limit.
If the application form of a plant variety right applicant claiming a priority right is deficient in its statements of information or supporting documents, after the applicant has been notified to remedy such deficiency within a specified time limit, the remedied portion shall be deemed to be already part of the prior claim for priority right application, and the original application date shall be taken to be the application date.
Central competent authority's plant variety right approval and public announcement performed in accordance with Article 20, Paragraph 2 of this Act shall state the following items:
If the plant variety right information referred to in the preceding Paragraph contains errors or omissions after approval and public announcement, the holder of the plant variety right may apply to the central competent authority to rectify errors or remedy deficiencies. The central competent authority shall make a public announcement after approving the correction or remedied information.
When plant variety right is licensed to a third party to exercise in accordance with Article 27, Paragraph 2 of this Act, the holder of a plant variety right or the licensee shall submit a written application with attached licensing contract or supporting documents to the central competent authority for registration.
The licensing contract or supporting documents in the preceding Paragraph shall state the license region and period.
With regard to the creation, change, or expiration of a plant variety right pledge, the holder of a plant variety right or pledgee shall submit a written application with attached plant variety right certificate and the following documents to the central competent authority for registration:
The pledge creation contract in Subparagraph 1 of the preceding Paragraph shall state the plant species/genus, the variety denomination, the plant variety right certificate number, and the amount of financial obligation. The pledge period shall be limited to plant variety right period.
When a person applies for a compulsory license to exercise a plant variety right in accordance with Article 30, Paragraph 1 or Paragraph 3 of this Act, the applicant shall state the reason and attach an implementation proposal and relevant documents, when applying to the central competent authority.
When a person applies to revoke a compulsory license to exercise a plant variety right in accordance with Article 30, Paragraph 8 or Article 31 of this Act, the applicant shall state the reason for revocation, and attach supporting documents.
The holder of a plant variety right who wishes to abandon the plant variety right in accordance with Article 36, Paragraph 1, Subparagraph 2 of this Act shall submit a written statement of the following matters to the central competent authority:
Those applying to nullify or cancel a third party's plant variety right shall submit a written statement of the following matters to the central competent authority:
The applicant may submit the evidence specified in Subparagraph 4 of the preceding Paragraph within 30 days of the date of application for nullification or cancellation.
The central competent authority shall serve a copy of the application form to the holder of the plant variety right or that person's agent after accepting an application in the preceding Article. The holder of the plant variety right shall make a defense within 30 days. Unless the holder of the plant variety right states a reason in advance and is granted an extension, the central competent authority will proceed with a review if no defense has been made within the given time limit.
The central competent authority shall prepare a registration book for the plant variety right which contains the following information:
If any of the rights holders in the preceding Paragraph are juristic persons or organizations, its name, office location or place of business, and the name, residence, and phone number of its legal representative or manager shall be stated.
Municipality or county/city competent authorities shall forward information on changes involving registered plant seed enterprises to the central competent authority, and shall submit compiled registration and registration change information of the previous year to the central competent authority before January 15 of each year.
The competent authority may take three sets of samples when sending inspectors in accordance with Article 50 of this Act to inspect whether a plant seed enterprise's plant seed markings are consist with seed content. After sealing the samples in conjunction with the enterprise, one set of samples shall be given to the enterprise for preservation, and two other sets of samples shall be taken back by the inspectors for inspection and preservation; the taken seed samples shall be purchased at cost.
The competent authority may perform the sample inspection tasks in the preceding Paragraph in conjunction with an agricultural experimental research organization or may entrust such an organization to perform such tasks.
The central competent authority shall take national interests, industrial policies, and comprehensive development into account when reviewing the main purposes declared in the application of a transgenic plant that has passed field examination in accordance with Paragraph 2 of Article 52 of the Act for the issuance of the documentation of the approval.
A plant variety right certificate issued in accordance with Article 61 of this Act shall state the following items:
If a plant variety right certificate or plant seed enterprise registration certificate is lost or destroyed, the holder of the plant variety right or plant seed enterprise may apply to the competent authority for replacement or re-issuance with explanation of the reason.
The Enforcement Rules shall come into effect upon enforcement.
The amended articles of the Enforcement Rules shall come into effect upon promulgation, with the exception of the amended articles promulgated on January 5, 2011, which came into effect on September 12, 2010.