TIPO encounters scholars’ dissent in granting patents to plant varieties  

The Draft Amendment to Patent Act went through its first reading at the Legislative Yuan on April 6, 2011, in which the TIPO suggested to include a plant variety into patentable subject matter. The likely policy attracts strong dissents from scholars and local plant and seed associations; they believe that the patenting of plants and seeds would restrict the breeding and improvement of new varieties and give a big blow to Taiwan’s Phalaenopsis orchid industry whose value is said to exceed NT$10 billion.  

The TIPO intends to provide a dual protection for the research and development of plant varieties by means of granting both patent rights and plant variety rights, and believes that it is a trend adopted by most jurisdictions in the world.

However, scholars argue that Taiwan’s Plant Variety and Plant Seed Act has already complied with the plant variety protection requirements under TRIPS Agreement. There is no imminent need in Taiwan for agricultural researchers to pursue patent right protection for new breeding in view of the unwelcome genetically modified plants in the marketplace.

Local plant and seed associations have more concerns, in which they draw lessons from The Netherlands including multinational biotech companies, the formation of “patent jungles,” and high royalty fees. 

Until the tough negotiation is settled, the Draft Amendment to Patent Act will still be pending for some time in the Legislative Yuan.