A variety that has the characteristics of novelty, distinctness, uniformity, and stability, as well as an appropriate variety denomination, may be the subject of an application for a variety right in accordance with this Act.
"Novelty" as referred to in the preceding Paragraph means that prior to the date of filing of the application for a variety right, no plant seeds and no harvested material of such varietyhave been sold or promoted solely by, or with the consent of, the holder of the right to apply for the variety right either inside the R.O.C. for longer than one year or outside the R.O.C. for longer than six years in the case of trees or perennial vine plants, or for longer than four years in the case of all other plant species.
"Distinctness" as referred to in Paragraph 1 means that a variety can be distinguished on the basis of one or more recognizable and articulable characteristics from any other varieties that have been in general circulation, or that have obtained a variety right either inside or outside the R.O.C., prior to the date of filing the application for the variety right.
"Uniformity" as referred to in Paragraph 1 means that, with the exception of predictable natural variations, the characteristics of individual plants of the variety exhibit uniformity in comparison with each other.
"Stability" as referred to in Paragraph 1 means that the main characteristics of the variety are able to remain unchanged after repeated propagation, or after a particular cycle of propagation, through a designated method of propagation.

A variety denomination under the preceding Article shall not contain any of the following circumstances:
1. such denomination is expressed solely in the form of figures,
2. such denomination is identical with or similar to the denomination of another variety within the same species or a closely related species,
3. such denomination is likely to mislead or cause confusion as to the characteristics of the variety or the identity of the breeder, or
4. such denomination is contrary to public order and public morals.

To apply for a variety right, the applicant shall submit to the central competent authority a duly completed application form together with a written description of the variety and relevant supporting documents.
The written description of the variety shall state the following matters:
1. The name, domicile, and residence of the applicant, or in the case of a juridical person or organization, its name, office location or place of business, as well as the name, domicile, and residence of its legal representative or manager;
2. The botanical taxon of the variety;
3. The denomination of the variety;
4. The source of the variety;
5. The characteristics of the variety;
6. The process of breeding and discovery of the variety;
7. A test report on the cultivation of the variety;
8. Matters to which one must pay attention when cultivating the variety; and
9. Other related matters.
A variety denomination shall be written in Chinese, together with the denomination in Roman letters. For varieties bred in foreign countries, the variety denomination shall be written in Roman letters and Chinese.

Where a right to apply for a variety is jointly owned, the variety application related thereto shall be filed by all the joint owner(s).

The filing date of an application for a variety right shall be the date on which a duly completed application form, a written description of the variety, and the relevant supporting documents are submitted.
If not all required documents are submitted for an application for a variety right, or if such documents are incomplete or deficient in their statements of information, the central competent authority shall specify the reasons and notify the applicant to remedy such deficiency within a specified time limit. If the applicant fails to remedy the deficiency within the time limit, the application shall not be accepted. If the applicant is able to remedy the deficiency within the time limit, the date of remediation shall be deemed to be the filing date.

With regard to the same variety, the applicant who applies for the first time at a country or World Trade Organization member that has the mutual recognition of priority right with the R.O.C. and submits an application for the variety right within twelve (12) months after the first application date may claim the priority right.
Where an applicant has first applied for a variety in a foreign country, which reciprocally allows ROC nationals to claim variety priority, or with any member of the World Trade Organization (WTO), the applicant may claim priority in respect of an ROC variety application for the same variety if the ROC variety application for the same variety is filed within twelve (12) months after the filing date of the said first variety application.
An applicant who claims the priority right pursuant to the preceding paragraph shall simultaneously make a declaration, and submit evidentiary proof of the application as accepted by the country or WTO member referred to in the preceding paragraph within 4 months from the next day of the application date. An applicant is not entitled to the right of priority if he/she fails to fulfill the aforementioned requirements.
In the case that an applicant claims the priority right, the review of the elements of the plant variety right shall be based on the date of the priority right.

Where two or more persons separately file applications for a variety right with respect to the same variety, the first to file the application shall prevail. The above provision shall not apply where the priority date claimed by the latter applicant precedes the filing date of the prior applicant.
If the filing date and the priority right date under the preceding Paragraph are the same date, the applicants shall be notified to reach an agreement on this issue. If the applicants fail to reach an agreement, none of these applicants shall be granted a variety right.

When accepting an application for a variety right, the central competent authority shall make public the following information within one month from the day following the filing date of the application:
1. The serial number and filing date of the application,
2. The applicant's name or title, and address;
3. The denomination of the variety, and the botanical taxon to which the variety that is the subject of the application belongs; and
4. Other required matters.
After obtaining a variety right, the applicant may claim appropriate compensation against the exploiter who, has been given a written notice by the applicant after the laying open of the variety application, continues to commercially exploit the variety after receiving the notice and before the approval of the application is published.
The claim referred to in the preceding paragraph may also be made against a person who is fully aware that the variety application has been laid open but continues to commercially exploit the variety prior to its publication.
The right to claim appropriate compensation under the preceding two Paragraphs shall become extinguished if not exercised within 2 years after the publication date of the said variety right.

If necessary, during the examination of applications for variety rights, the central competent authority may notify the applicants to submit within a specified time limit the materials necessary for examining variety characteristics, as well as other relevant information or materials.
After the examination of an application for the variety right, the central competent authority shall use the examination results to produce a written decision clearly stating the reasons for the decision, and shall notify the applicant of such decision. Varieties that are examined and determined to meet the requirements for a variety right shall be approved and published as variety rights.

The central competent authority shall establish a Variety Review Committee to review variety rights applications, revocations, and annulments.
The review committee under the preceding Paragraph shall be madeup of five to seven members. The central competent authority shall invite experts or specialists who have extensive research backgrounds or experiences concerning variety review regulations, plant cultivating techniques, or other relevant fields, to serve as members of the committee. The organization regulations of this committee and the review procedures shall be prescribed by the central competent authority.