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

A plant variety denomination under the preceding Article shall not consist of the following:
1. such denomination is expressed solely in the form of a number or numbers,
2. such denomination is identical with or similar to the denomination of another plant variety within the same species or a closely related species,
3. such denomination is likely to cause confusion or false identification as to the characteristics of the plant variety or the identity of the breeder, or
4. such denomination is contrary to public order and good custom.

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

Where two or more persons jointly own the right to apply for a plant variety right, the application shall be jointly filed by such persons.

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

With regard to the same species, the applicant who applies for the first time at a country or World Trade Organization member which has the mutual recognition of priority right with the Republic of China and submits an application for the plant variety right within twelve months after the first application date may claim for the priority right.
An applicant who claims for the priority right pursuant to the preceding paragraph shall submit a declaration and evidentiary proof of the application as accepted by the country or World Trade Organization member referred to in the preceding paragraph within four months from the next day after the application date. An applicant who is in violation of the rule set forth herein shall forfeit the priority right.
In case of an applicant who claims for the priority right, the review of the elements of the plant variety right shall base on the date of the priority right.

Where two or more persons separately file applications for a plant variety right with respect to the same plant variety, the first to file the application shall prevail, provided that this provision shall not apply where the priority date claimed by a latter applicant precedes the filing date of the first applicant.
If a filing date and a 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 on this issue, none of these applicants shall be granted a plant variety right.

When accepting an application for a plant variety right, the central competent authority shall make public the following information within one month from the day immediately following the filing date of such 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 plant variety, and the botanical taxon to which the plant variety that is the subject of the application belongs; and
4. other required matters.
After obtaining a plant variety right, the applicant may claim appropriate remuneration from any persons whom the applicant has notified in writing after his or her application for a plant variety right has been made public and who continue to make commercial use of such plant variety after such notification and before approval and publication of the plant variety right.
The applicant also may claim appropriate remuneration under the preceding Paragraph from any persons who continue to make commercial use of such plant variety prior to approval and publication of the plant variety right when aware that the application for a plant variety right has been made public.
The right to claim appropriate remuneration under the preceding two Paragraphs shall lapse if not exercised within two years of publication of the plant variety right.

If necessary, during the examination of the applications for plant variety rights, the central competent authority may notify the applicants to submit within a specified time limit the materials necessary for examining plant variety characteristics, as well as other relevant information or materials.
After examination of an application for the plant 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. Plant varieties that are examined and determined to meet the requirements for a plant variety right shall be approved and published as plant variety rights.

The central competent authority shall organize a plant variety evaluation committee to examine applications, as well as nullification and cancellation actions concerning plant variety rights.
The evaluation committee under the preceding Paragraph shall be made up of five to seven members. The central competent authority shall invite experts or specialists who have extensive researches or experiences concerning plant variety examination regulations, plant cultivating techniques, or other fields, to serve as members of the committee. The organization regulations of this committee and the examination procedures shall be prescribed by the central competent authority.