A Study on Protection of the Plant Breeder’s Right in Taiwan Through the Application of the Moth Orchid : the Netherlands and the EU as Examples

• Main Authors: Chun-Yi Liao, 廖純誼
• Other Authors: Ming-Yan Shieh
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/26v4uh

碩士 === 國立臺灣大學 === 法律學研究所 === 102 === The aims of this study are to research the development of the moth orchids to examine the implementation of the Plant Variety Right in the Plant Seed Act whether it applys well in Taiwan and to observe the excellences of the places which are the orgin of the Plant Variety Right system, the Netherlands and the European Union. The methods to achieve these aims are as follow steps: the first step of this study is to have a thorough conception of the Plant Variety Right in the UPOV Convention and other international organizations. After knowing about the Plant Variety Right is the introduction of the Plant Variety Right system in the EU and in the Netherlands. Second, collect the reference about the development of the Plant Variety Right in Taiwan, and visit the breeders of the moth orchid to discover the actual problems of the Plant Variety Right system in Taiwan. Finally, after arranging all the problems, summit possible settlements and what examples we should follow the EU and the Netherlands. The results of this study are frustrating due to the weak application of the Plant Variety Right system in Taiwan. Breeders did not actively authorize others to utilize the right, and when facing the infringement, they seldom claimed for compensation. These would hinder our system from being sound. Therefore, the conclusion of this study is that we should do is to arouse the breeders how significant the Plant Variety Right is and notice the international development of the Plant Variety Right.