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標題: A Study on the Plant Variety Rights
作者: 程子綺
關鍵字: 專利;patent;植物品種;育種家免責;農民免責;UPOV;TRIPS;plant variety;breeder's exemption;farmer's exemption;UPOV;TRIPS.
出版社: 科技管理研究所
Taiwan is a small island with high population density. Its limited lands and unstable climate have, to a certain extent, restricted the agricultural development. As such, it is hard to control the productivity and quality of the crops. Consequently, the government and numerous academic research institutions of Taiwan have been investing resources and efforts in developing novel planting techniques to improve the situation.
As a member of WTO, Taiwan is bound to integrate its economy to the world market which certainly will bring a tremendous impact on Taiwan's agriculture. The essence of WTO's Agricultural Agreement is to promote an agricultural liberalization: each member state shall reduce or exempt the tariffs on agricultural products for fair competition within other member nations. Under this agreement, the imported agricultural products will impact and compete fiercely in the domestic agricultural markets. Agricultural technology innovations, therefore, become a major vehicle to cope with the competition. How to protect the innovative technologies from illegal use is now a main concern of the plant breeders.
This dissertation, based on these points of view, discuss the agricultural biotechnology and its related legal issues. The E.U.U.S., Japan and Taiwan's laws regarding plant variety protection will be examined and compared. Focus is placed on the issue of whether new plant varieties should be protected by patent law or the so-call “plant breeder's right”.
Last but not least, this dissertation seeks to provide suggestions and recommendations to Taiwan's sustainable agricultural developments

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