COA hails deal to protect local plant patents in Europe

Taiwanese plant breeders can now protect their new creations with patents in the EU after a lengthy consultation process, Council of Agriculture (COA) officials said yesterday.

The COA and breeders hailed the rule change as a boon for Taiwan's plant breeding sector.

Breeders can already apply for plant patents in some countries such as the US through bilateral agreements. But painful experiences that led to the loss of rights to valuable varieties have made breeders more aware of the importance of patent protection,officials said.

Taiwanese had been denied the right to apply for plant patents in the EU because Taiwan is not a member of Union International Pour La Protection des Obtentions Vegetales (UPOV).

"Taiwan could not obtain membership in UPOV as we are not a United Nations member," said Lin Chih-hung (林志鴻), a section manager at the council's international cooperation department. "But we managed to obtain the right to apply for patents in the EU as we are a member of the World Trade Organization."

There was little political interference in the process, he said.

"Taiwanese breeders had to sell the golden goose before," Chang Ming-lang (張明郎), the chief of the Agriculture and Food Agency's seed and seedling section. "Back in the days when sellers were more naive, buyers could go to an orchid show and pick up a dozen plants to use for stock back home."

Lin and Chang said the Netherlands had been a major help in brokering the agreements.

"It was a win-win situation for the Netherlands," Chang said. "Now the EU will respect our plant patent rights and we will reciprocate."

Until now, orchid breeder John Feng (馮將魁) had no choice but to sell the orchids he had developed to European buyers outright since he could not obtain patent rights in the EU. His orchids were also not legally protected against "plant pirating" in the EU, reducing their value.

"Now I will be able to keep selling young plants of popular varieties for the life of the patent," he said.

Patents for plants are valid for 20 years, while those for fruit trees are enforced for 25 years.

Feng said he was glad his orchids would be legally protected in the European market.

"Copying is rampant in Taiwan and China," he said. "If there is a profit to be had, somebody will surely make a copy."