Chapter 7 Supplementary Provisions
Article 61
An applicant for a plant variety right shall pay the application fee at the time of filing such application. Upon approval of a plant variety right, the holder of the plant variety right shall pay the certificate fee and the annual fee. No plant variety right shall be published, nor shall any plant variety certificate be issued, until the annual fee for the first year and the certificate fee are paid.
The annual fee for the second year and subsequent years shall be paid prior to the end of the term. If such an annual fee fails to be paid within the time period for payment, a remedial payment of the annual fee may be made within six months of the final date of the term, provided that the annual fee shall be paid at a rate of twice of what is otherwise required for timely payment of the annual fee.
The examination fee required for the examination of characteristics under Paragraph 1 of Article 20 shall be paid by the applicant. The examination fee required for the follow-up testing of characteristics under Article 33 shall be paid by the holder of the plant variety right.
The applicant or the person making a request shall pay the registration fee as well as any application or request fee at the time of filing an application or request under Paragraph 2 of Article 27, Paragraph 1 of Article 44, and Article 38.
The standard rates for the various application or request fees, certificate fees, annual fees, and examination or testing fees with respect to plant variety rights shall be prescribed by the central competent authority.
Article 62
An application for a plant variety right that has not been examined and approved prior to the date on which this amended Act takes effect shall be processed in accordance with the requirements of this amended Act.
Plant variety rights already in effect on the date this amended Act takes effect shall be treated in accordance with the requirements of this amended Act.
Article 63
A plant seed enterprise that has obtained a plant seed enterprise registration certificate prior to the date on which this amended Act takes effect shall reapply for a plant seed enterprise registration certificate within 2 years of the date on which a publication is made by the central competent authority notifying such enterprise to reapply for the same. If such enterprise fails to file a reapplication within the specified period, its registration certificate shall become invalid, and its registration certificate shall be recorded as invalid by the competent authority. Moreover, if such enterprise fails to apply for a re-issuance of its registration certificate and yet continues to engage in business operations, such enterprise shall be fined in accordance with the requirements of Subparagraph 2 of Paragraph 1 under Article 56.
Article 64
The Enforcement Rules for this Act shall be prescribed by the central competent authority.
Article 65
The effective date of this Act shall be prescribed by the Executive Yuan.