The Plant Variety and Plant Seed Act Article 12

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