The Council of Agriculture indicated, in order to encourage new species invention and import fine species from abroad to strengthen the industry’s competition, the government has announced to implement the “Plant Species and Seed Law” on July 30th, 2005.

This law strengthens the protection for breeders’ rights and also protects foreigners who apply for species rights in Taiwan according to international ordinary rules. As a member of the WTO, the Council of Agriculture also consults and discusses with main market countries about the possibility to agree that Taiwanese citizens are allowed to apply plants species rights by following the basic principle of “citizen treatment” and “most-favored nation treatment”. After the bilateral talks, Japan has agreed to accept Taiwanese citizens or organization’s plant species rights applications.

The Council of Agriculture further explained that Taiwan had bilateral talks with Japan pursuant to the stipulation that “members should accept bilateral citizen’s plant species rights application from one another” and The Ministry of Agriculture, Forestry and Fisheries of Japan has agreed to accept the plant species rights application from Taiwanese citizens or organization in WTO/ TRIPS Council routine meeting on October 25th in Geneva, Switzerland. Kaohsiung Agriculture Reformation Factory is the first case wherein an application of young soybean “Kaohsiung No. 6” Plant Species Rights by Taiwanese citizen. The application is finally accepted by Japan publicly and it opens a new page in the book of possibilities for the Taiwanese people to apply for Plant Species Rights in Japan.

The Council of Agriculture noted, besides Japan, it also applies for and consults on the “bilateral acceptance of citizen’s Plant Species Rights Applications” to the United States, Canada, Australia, the Netherlands and EU member nations. At present, it already obtained concrete expression of accepting Taiwanese citizen’s application from United States and Australia. Council of Agriculture is continuously discussing the possibility with Holland, EU and Canada through bilateral talks. In addition, in order to help domestic orchid industry manufacturers apply for foreign plant species rights, Council of Agriculture also guides Taiwan Orchid Production and Marketing Development Association to help breeders in orchid industry apply foreign plant species rights.

The Council of Agriculture emphasizes, if breeders are rejected by other countries due to their eligibility when breeders apply species rights in other countries in the future. Please report back this kind of situation, and Council of Agriculture would solve the problem through WTO/ TRIPS channel. Moreover, species rights is one of the important parts of Agricultural Intellectual Property Rights. Council of Agriculture appeals to domestic plant breeders to pay more attention to the rights to apply plant species rights of new species, and never outright sell the species rights easily. In fact, apply species rights, authorize application and have a global vision are the best way to create the most benefit.