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Strengthening Protection of Taiwan Plant Varieties and Techniques to Prevent Their Outflow


In addition to establishing institutionalized protection by signing the Cross-Strait Cooperation Agreement on Intellectual Property Right Protection, the Council of Agriculture (COA) has strengthened the protection by revising intellectual property right laws and regulations and developing identification techniques to ensure the protection of quality Taiwan plant varieties and related techniques at home and abroad.

Signing Cross-Strait Agreement on Intellectual Property Rights to Establish Institutionalized Protection

The COA said Taiwan and mainland China signed Cross-Strait Cooperation Agreement on Intellectual Property Right Protection on June 29, 2010 to establish direct communication platforms and coordinated handling and notification mechanisms and prevent such problems as malicious preemptive registration of famous trademarks and “fake” Taiwan fruits, actively protecting the rights and interests of patents, trademarks and plant variety rights on both sides of the Taiwan Strait. With regard to mutual acceptance of applications for plant variety right, the two sides simultaneously announced the acceptance of each other’s priority right on November 22, 2010, and then set up working group on variety rights to negotiate for adding plant species which can apply for variety right and discuss cooperation on other issues related to plant right reviews and tests.

Revising Intellectual Property Right Laws and Regulations to Strengthen Institutionalized Protection

In response to ever-changing ways of variety right infringement, the COA stressed that aside from traditional methods of identifying plant traits, the Council has developed molecular variety identification techniques for such important cash crops as Phalaenopsis orchid, Christmas flower, flaming lily, Calla lily, grape, litchi, Indian jujube, young soybean for vegetable use, tomato, bitter gourd, potato, green onion, tea and rice. In the future, the DNA genetic markers, in combination with traits of plant appearance, can be used as rapid identification tools for plant varieties developed in Taiwanto strengthen claims and deter malicious infringement of variety rights, ensuring that excellent Taiwan plant varieties are fully protected. (2011-01-18 )