Taipei, July 21 (CNA) A native Taiwanese lily species that had disappeared for 96 years prior to 2011 can now be purchased in the form of seedlings, thanks to a multi-year propagation program, the Council of Agriculture (COA) said Wednesday.
Introduction
Article 40 of the Plant Variety and Plant Seed Act provides that plant variety rights holders or exclusive licensees may:
request the cessation of any infringement
request the prevention of any threat of infringement; and
claim damages against any parties that intentionally or negligently infringe on their plant variety rights.
Facts
On 24 September 2020 the Taiwan Intellectual Property Court (IPC) rendered a civil judgment (
2020 Min Zhi Shang Zi 1) that specifically indicates how to determine whether an allegedly infringing plant is an infringing variety.
The plaintiff, a floral company, claimed that the defendant, a floral supplier, had planted the plaintiff s Advance+ (Lexjori) rose plants without a licence. The plaintiff further claimed that the plants had been sold on the market by another defendant, a floral company, under the name Avalanche , and that the defendants had therefore jointly infringed the plant variety rights of the Advance+ (Lexjori) roses.
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