WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/TPKM/P/1
25 June 2002
(02-3501)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU
The present document reproduces the text1 of the Plant Seed Law, as last amended on
17 May 2000, as notified by the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu,
under Article 63.2 of the Agreement (see document IP/N/1/TPKM/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
TERRITOIRE DOUANIER DISTINCT DE TAIWAN, PENGHU, KINMEN ET MATSU
Le présent document contient le texte
1 de la Loi sur les semences végétales, modifiée en
dernier lieu le 17 mai 2000, qui a été notifié par le Territoire douanier distinct de Taiwan, Penghu,Kinmen et Matsu au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/TPKM/1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
TERRITORIO ADUANERO DISTINTO DE TAIWÁN, PENGHU, KINMEN Y MATSU
En el presente documento se reproduce el texto1 de la Ley de Semillas, modificado por última
vez el 17 de mayo de 2000, notificado por el Territorio Aduanero Distinto de Taiwán, Penghu,
Kinmen y Matsu de conformidad con lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase
el documento IP/N/1/TPKM/1).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte, dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/TPKM/P/1
Page 2
(Translation)
Plant Seed Law
Chapter I General Provisions
Article 1
This Law is enacted for the control of crop seed plants, protection of the rights in new varieties
and furtherance of improvement of varieties, in order to facilitate agricultural production and enhancefarmers’ benefit. For matters not provided for in this Law, relevant provisions of other applicablelaws shall govern.Article 2
The term “authority in charge” as used in this Law refers to the Council of Agriculture under
the Executive Yuan in the case of the Central Government, or the Municipal Government in the caseof a municipality, or the Hsien (City) Government in the case of a Hsien (City).
Article 3
Definitions of the terms used in this Law are given as follows:
1. Seed Plant: the whole or a part of a plant, which can be used for propagation or planting.
2. Variety: a plant group which has heritable characteristics and can be precisely distinguished from
any other plant groups in the same plant species.
3. New Variety: a plant group which has at least one significant characteristics and form distinguished
from that of the existing varieties, and whose major characteristics and form are heritable andstable.
4. Discoverer: a person who has discovered the mutation of a variety, which has the heritability and
the stability.
5. Breeder: a person who engages in breeding work of new varieties.
6. Seed plant enterprise: an enterprise which is engaged in propagation, import/export or sale of seed
plants.
7. Sale: the act of selling goods at a fixed price or trading in kind.
8. Promotion: the act of introducing or providing seed plants to others for adoption.
Article 4
Categories of plants governed by this Law shall be designated and published by the central
authority in charge.IP/N/1/TPKM/P/1
Page 3
Chapter II New Variety Denomination Registration and Plant Breeder's Right
Registration
Article 5
A breeder or a discoverer who has bred or discovered a new variety having utilization value may
apply for the following new variety registrations in accordance with this Law:1. Denomination registration
2. Plant breeder's right registration
An application for the plant breeder's right registration set forth in the preceding Paragraph and
the one for the denomination registration shall be simultaneously filed. In the absence of suchsimultaneous applications, no application filed for the plant breeder's right registration shall beallowed.
In case the breeder or the discoverer referred to in Paragraph One is an employee, the right to
file the applications involved shall be governed by Article 23 of this Law.
Article 6
No plant breeder's right registration shall be granted after the denomination registration of any
of the following new varieties is completed:1. New varieties of general food crops.
2. New varieties which have been promoted and marketed before filing for denomination
registrations.
The categories and nomenclatures of the general food crops referred to in the preceding
Paragraph shall be prescribed and published by the central authority in charge.
Article 7
 No promotion and sales activities can be conducted in respect of a new variety unless such new
variety has been approved for denomination registra tion; provided, however, that this provision shall
not apply to those new varieties which have been promoted or marketed prior to the enforcement of
this Law.
 Article 8
Upon the granting of a plant breeder's right registration covering a new variety, the registrant
shall have the exclusive right to promote, sell and use such new variety, and any other person cannotpromote, sell or use such new variety without the authorization by the registrant; provided, however,
that this provision shall not apply if the new variety is used as a material in breeding another newvariety and the experiment, research and observati on thus involved is non-profit-seeking in nature.
Where an application for a plant breeder's right registration covering a new variety has been
approved and published, it shall have the ad interim
 effect of having the exclusive right referred to inIP/N/1/TPKM/P/1
Page 4
the preceding Paragraph from the publication date. However, such right shall be deemed non-existent
ab initio  if the application is subsequently rejected irrevocably due to procedural defects or as a result
of an opposition action.
Article 9
When applying for a new variety registration, a written application containing the following
particulars together with relevant documents shal l be filed with the central authority in charge:
1. Name and the address/domicile of the applicant. If the applicant is a juristic person or an
organization, its title, the address of its office or business place, and the name as well as theaddress/domicile of its representative or manager are needed as well;
2. Category of the registration secured;
3. Category of the new variety;
4. Name of the new variety;
5. Source of the new variety;
6. Characteristics of the new variety;
7. Description of the details concerning the breeding or discovery involved;
8. Planting experiments report; and
9. Guidelines for planting.
When examining the application referred to in the preceding Paragraph, the central authority in
charge may, as it deems necessary, order the applic ant to provide materials required for testing and
evaluating the characteristics and form of the new variety.
Article 10
The right to file an application for a new variety registration may be assignable or inheritable. If
the application is filed by the assignee or the inheritor, the name of the breeder or the discoverer shallbe indicated therein, and the documents authenticating the assignment or inheritance shall besubmitted therewith.
Article 11
Where two or more persons severally apply for the registration covering the same new variety or
the same names thereof, the registration, if feas ible, shall be granted to the applicant whose
application was first filed.
Article 12
The central authority in charge shall form a New Variety Examination Committee for
examination of new variety registration applications and oppositions.
Regulations governing the organization and the examination procedure of the Committee
referred to in the preceding Paragraph shall be prescribed by the central authority in charge.IP/N/1/TPKM/P/1
Page 5
Article 13
Where an application filed for a new variety registration is found incomplete in terms of the
necessary documents/ evidence or the incomplete st atement, or where the applicant fails to provide
the breeding materials as required, the central auth ority in charge shall serve the applicant with a
notice setting forth reasons and the time for late submission of such discrepancies. If the applicantfails to comply with such late submission request, said application shall be dismissed.
Article 14
Upon the examination of an application filed for a new variety registration, the central authority
in charge shall have the examination result be reduced into a written decision in which the reasons ofsuch decision are clearly indicated, and forward th e decision to the applicant. If the new variety is
qualified for a denomination registration or a plant breeder's right registration, the result of theexamination together with the characteristics of the new variety shall be published.
Article 15
After an application filed for a new variety registration is approved and published, any person
who deems such application to be in violation of Article 5 or Paragraph One of Article 6, or anyinterested person who deems it to be in violation of Article 10 may, within three months from thepublication date, institute an opposition action with the central authority in charge by submitting awritten application stating therein the reasons for opposition and enclosing thereto supportingevidence.
Upon receipt of a written opposition application, the central authority in charge shall send a
duplicate copy thereof to the applicant requesting th e applicant to file a defense statement within 30
days. If no defense statement is filed within the given time limit, the central authority in charge shallmake a decision at its own discretion.
Upon the examination of the opposition referred to in Paragraph l of this Article, a written
decision with reasons stated therein shall be rendered and forwarded to the applicant and theopposition petitioner.
Article 16
Any applicant who is dissatisfied with the decision rejecting a new variety registration, or any
opposition petitioner who is dissatisfied with the opposition decision rendered concerning mattersreferred to in Items 3 through 9, Paragraph One, Article 9 of this Law, may file for a re-examinationwith the central authority in charge within two m onths from the day following the date of receipt of
the written decision.
An applicant or an opposition petitioner who is dissatisfied with the re-examination decision
may file an application for re-consideration with the central authority in charge within two monthsIP/N/1/TPKM/P/1
Page 6
from the day following the date of receipt of the re-examination decision. No objections can be raised
against a re-consideration decision.
The central authority in charge shall form a New Variety Re-examination Committee consisting
of members with special academic and technical background to conduct the re-examination and re-consideration cases referred to in the preceding two Paragraphs. Re-examination or re-considerationdecisions shall be adopted by a majority vote of the members at a meeting attended by two thirds ofthe members of the Committee. The Committee may invite experts in relevant fields orrepresentatives of organizations concerned to attend to the Committee ′ s meetings. The applicant or
the opposition petitioner involved may, as he deems necessary, request to be present at the meetingsfor necessary explanations as well.
Regulations governing the organization and the examination procedure of the Re-examination
Committee referred to in the preceding Paragraph shall be prescribed by the central authority in
charge.
Article 17
Any applicant or opposition petitioner who disagrees with any matter other than those set forth
in the preceding Article may file an administrative appeal or institute an administrative suit inaccordance with the law.
Article 18
In any of the following events, a new variety registration approved and published shall become
irrevocable, and the central authority in charge shall issue to the applicant thereof a new varietydenomination registration certificate or a plant breeder's right registration certificate.1. Where no opposition has been filed upon the expiration of the publication period;
2. Where an opposition action was rejected and no re-examination application has been filed in
accordance with Article 16 thereof against the opposition decision; or
3. Where an opposition was rejected through a re-examination decision and no application for
re-consideration has been filed, or the re-examination decision is upheld after re-consideration.
In any of the following events, a decision rejecting a new variety registration shall become
irrevocable:1.          Where no application for re-examination has been filed in accordance with Article 16 of this
Law; and
2.          Where a new variety registration was rejected through re-examination and no application filed
for no re-consideration has been filed, or the re-examination decision is upheld after re-consideration.IP/N/1/TPKM/P/1
Page 7
Article 19
The term of a new variety right shall be fiftee n years commencing from the publication date of
the application.
Article 20
A new variety right shall be assignable or inheritable.
Article 21
         In the case of an assignment or inheritance of a new variety right, a recordation application
together with the relevant documents shall be filed with the central authority in charge for change of
the registrant thereof. If the assignment or the inhe ritance is not recorded with the central authority in
charge, it shall have no locus standi against any bona  fide third party.
Article 22
Any co-owner of a new variety right shall not assi gn to a third party his own share of the rights
therein, unless with the consent of the co-owner(s) who, as a whole, have owned more than two thirds
of the total ownership of the new variety right.
Article 23
Unless otherwise covenanted in an agreement, the right in a new variety bred or discovered by
an employee shall be vested in his employer prov ided, however, that the employer shall pay to the
employee a considerable sum of monetary reward.
In case the agreement referred to in the preceding Paragraph contains any covenant precluding
the employee from employing a new variety righ t and exempting the employer from paying a
considerable sum of monetary reward, such covenant shall be deemed null and void.
Article 24
In promoting or selling a new variety which has been granted a denomination registration or a
plant breeder's right registration, any name other than the registered name or the particulars beyondthe registered scope thereof shall not be used.
Article 25
The owner of a new variety right shall provide the central authority in charge with adequate
quantity of the seed plant involved as the test ing materials required for conducting follow-up
evaluations of the characteristics and form of the new variety under registration.IP/N/1/TPKM/P/1
Page 8
Article 26
For all applications concerning new variety registrations, the applicant shall pay an application
fee at the time of filing each of such applications. Upon the granting of a new variety registration, theowner thereof shall pay the certificate fee and annuities.
Any evaluation fees incurred in conducting the characteristics and form evaluations set forth in
Paragraph Two, Article 9 of this Law and the follow-up evaluations set forth in the preceding Articleshall be paid by the applicant or the owner of the rights in the new variety.
The amount of the application fee, certificate fee, annuities and evaluation fee referred to in the
preceding two Paragraphs shall be determined by the central authority in charge.
Article 27
A plant breeder's right registration shall be ipso facto
 extinguished in any of the following
events
1. In the case of the expiration of the term of a new variety right, on the day following the expiration
date of the term of such new variety right;
2. In the case of the death of the owner of a new variety right without an heir, on the date of his death;
3. In the case of a voluntary abandonment of a new variety right by the owner thereof, and on the date
of the owner’s written declaration to such effect; and
4. In case the owner of a new variety right has made a further default within a grace period for
payment of the annuity, and on the expiration date of the original statutory period for suchpayment.
Article 28
 If, without proper reasons, the owner of a plant breeder right registration fails to promote or sell
his registered new variety within a specific period of time, the central authority in charge may, at therequest of others or ex officio,
 revoke the plant breeder's right registration granted thereto.
The specific period of time referred to in the preceding Paragraph shall be determined by the
central authority in charge according to the characteristics of the plants involved.
Before the revocation of the plant breeder's right registration pursuant to Paragraph One of this
Article, the central authority in charge shall forward to the owner thereof a written notice requesting adefense statement be filed within 60 days. In the absence of a defense filed within the said time limit,the registration shall be revoked accordingly.
Article 29
In any of the following events, a plant breeder's right registration shall be revoked by the central
authority in charge:1.     Where the registered right is in violation of Article 5 of this Law;IP/N/1/TPKM/P/1
Page 9
2.     Where the registered right is in violation of Paragraph One, Article 6 hereof, and is erroneously
granted;
3.     Where the central authority is unable to conduct the follow-up evaluation of the characteristics
and form of the new variety, or the evaluation result thereof reveals the unstable characteristicsof the new variety, as caused by the violation of Article 25 of this Law; and
4.      Where the new variety was obtained in other illegal or improper manners.
In case a new variety under a denomination registration is found to be under the situation
specified in Item l or Item 4 of the preceding Paragraph, the central authority in charge may revokethe denomination registration granted thereto.
Provisions of Paragraph Two of Article 15, Arti cle 16, Article 17, and Paragraph Two of Article
18 of this Law shall apply mutatis mutandis
 to the revocation of new variety registrations set forth in
the preceding two Paragraphs.
Article 30
Any alteration, extinguishment or revocation of a new variety right shall be published by the
central authority in charge.
Chapter III Administration And Registration of A Seed Plant Enterprise
Article 31
An enterprise engaged in the seed plant business shall not start its operation, unless the
enterprise has been approved and a seed plant enterprise registration certificate has been issued by theauthority in charge of a local municipal government or Hsien Citygovernment.
Qualification requirements of a seed plant enterprise and the criteria of facilities equipped
thereby shall be prescribed by the central authority in charge.
Article 32
A seed plant enterprise registration certificate shall contain the following particulars:
1.      Number of the registration certificate and the date month and year of the registration date;
2.      Name of the seed plant enterprise, the name of its responsible person and the addresses thereof;
3.      Categories and the scope of seed plants involved in the operation thereof;
4.      Amount of the capital stock;
5.    Location of the seedling farm of a seed plant enterprise engaged in the propagation of seed plants;
and
6.      Other relevant particulars.
In the case of any alteration of any registered particulars referred to in the preceding Paragraph,
a recordation application concerning such alteration shall be filed with the government authorityissuing the original registration certificate within 15 days from the date of said alteration.IP/N/1/TPKM/P/1
Page 10
Article 33
A seed plant enterprise shall mark on the packages, containers or labels of the seed plants sold
thereby the mandatory markings in Chinese or by symbols or markings.
Particulars as to the marking set forth in the preceding Paragraph shall be prescribed by the
central authority in charge.
Article 34
Where a seed plant enterprise fails to start up its business operation within one year from the
date of registration, or such enterprise, after starting the business operation, has ceased the operationfor a period of one full year without good cause, the authority in charge under a municipal or Hsien(City) government may revoke the registration of said enterprise.
Article 35
A seed plant enterprise which has discontinued its business operation shall, within 30 days, file
an application with the authority in charge under a municipal or Hsien (City) government for abusiness cessation registration, and turn in the registration certificate for nullification. In case the saidenterprise fails to file such recordation application or turn in the registration certificate fornullification, the authority in charge shall revoke its registration ex officio
.
Article 36
The authority in charge at various levels may send their representatives to inspect any seed plant
enterprise as to their qualifications for registrati on, the criteria of facilities equipped thereby, the
quality of the seed plants sold thereby and the mandatory markings made thereby; the seed plant
enterprise under inspection shall raise no objection thereto. Upon uncovering any non-conformities asto the mandatory requirements, the criteria of facilities equipped, or the existence of diseases and/orinsects on the seed plant, the inspecting authority  shall serve a written notice to the seed plant
enterprise under inspection requesting an improvement made to the discrepancies and/or anypreventive measures adopted therefor within a specif ied time limit, or shall prohibit it from selling the
seed plants in question.
At the time of performing functional duties, an inspector shall present and show the document
authenticating his/her status identification.
Chapter IV     Export/Import Control of Seed Plants
Article 37
In order to prevent the development of domestic seed plant industry from being affected by
diseases and/or insects or the excessive export and/or import of seed plants, the central authority incharge may, as it deems necessary, restrict or prohibit the export and/or import of seed plants.IP/N/1/TPKM/P/1
Page 11
Categories and quantities of seed plants to be restricted or prohibited from being exported and/or
imported pursuant to the preceding Paragraph shall be published by the relevant authority in charge,as requested by the central authority in charge.
Article 38
Importation of a new variety from abroad shall be allowed only upon submission of the report
on observations and experiments conducted in this country and approval of the denominationregistration thereof; provided, however, that this pr ovision shall not apply where, as approved by the
authority in charge, the new variety is imported in a specific quantities as breeding materials.
The central authority in charge may appoint any agricultural research institutes or agricultural
experiment institutes to conduct the observations and experiments referred to in the precedingParagraph.
Article 39
A seed plant imported abroad may not be used for purposes other than those declared before
import. The authority in charge may conduct the necessary treatments concerning medication orothers in advance.
Article 40
Concerning seed plants required exclusively for propagation and export purposes as entrusted by
foreign parties, the import thereof shall be ap proved by the central authority in charge.
Chapter V-Punishments
Article 41
Any person who promotes or sells a registered new variety without the consent of the owner of
such new variety right shall be punished with imprisonment not exceeding two years, or detention, orin lieu thereof or in addition thereto a fine not exceeding twenty thousand yuan.
Any person who makes an unauthorized use of a registered new variety shall be punished with
imprisonment not exceeding six months, or detention, or in lieu thereof or in addition thereto a finenot exceeding five thousand yuan.
Prosecution of the offenses set forth in the preceding two Paragraphs shall be instituted only
upon complaints.
Article 42
Any person who violates any provisions of Article 7, Article 24, Paragraph One of Article 31,
Paragraph One of Article 37, Paragraph One of Article 38, or Article 40 of this Law shall be punishedwith a fine no less than ten thousand yuan but not exceeding fifty thousand yuan.IP/N/1/TPKM/P/1
Page 12
Any seed plants owned by an offender prescribed in Article 7 or Paragraph One of Article 38 of
this Law may be confiscated.
Article 43
One who violates the qualification requirements or the criteria of facilities equipped thereby as
specified in Paragraph Two of Article 31 hereof and fails to make the necessary correction orimprovement within the time limit as requested by the authority in charge, or who violates the salesprohibition notices given under Paragraph One of Article 36 hereof shall be punished with a fine noless than five thousand yuan but not exceeding thirty thousand 
yuan. If the offence conducted thereby
is serious, the offender may be suspended from operating the business for a period of no longer thansix months; in case no correction or improvement is  made thereby within three months after its
resumption of business operation, the authority in charge may report to the superior authority incharge for approval of the revocation of the offender’s seed plant enterprise registration.
In case a seed plant, through investigation, is found to be infected with diseases and/or insects,
such seed plant may be confiscated for destruction if the diseases and/or inspects involved can not beprevented or cured, or has not been prevented or cured within a given time limit, or the sale of suchseed plant infected with diseases and/or insects is still continued after the issuance of a salesprohibition order.
Article 44
In any of the following events, the offender shall be punished with a fine no less than three
thousand yuan but not exceeding twenty thousand yuan:
1.      In case of any violation of the provisions of Paragraph Two of Article 32 or Article 39 hereof;
2.      In case of a failure to comply with the marking requirements set forth in Article 33 hereof; or
3.      In case of a refusal to accept the inspector’s inspection prescribed in Paragraph One of Article
36 hereof.
Article 45
The authorities in charge under municipal, Hsien Citygovernments shall be responsible for
the imposition of the fines specified in the preceding three Articles. In case an offender fails to paythe fine within a time limit specified in a notice issu ed thereto, the case shall be referred to the court
for compulsory execution.IP/N/1/TPKM/P/1
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Chapter VI-Supplementary Provisions
Article 46
Foreign nationals or organizations may apply for a denomination registration or a plant breeder's
right registration covering a new variety, and may file complaint or private prosecution against theoffences referred to in Paragraph One of Article 41 hereof provided that the nationals or organizationsof the Republic of China may enjoy the same privileges in the home countries of such foreignnationals or organizations under treaties, agreements, or according to the laws or the practice in thoseforeign countries. This provision shall also apply in case any mutual protection agreement has beenconcluded by and between the R. O. C. and any foreign organizations or institutions and approved bythe central authority in charge.
Article 47
The enforcement rules of this Law shall be prescribed by the Executive Yuan.
Article 48
This Law shall take effect from the date of promulgation.
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