The Plant Variety and Plant Seed Act Article 17

With regard to the same variety, the applicant who applies for the first time at a country or World Trade Organization member that has the mutual recognition of priority right with the R.O.C. and submits an application for the variety right within twelve (12) months after the first application date may claim the priority right.Where an applicant has first applied for a variety in a foreign country, which reciprocally allows ROC nationals to claim variety priority, or with any member of the World Trade Organization (WTO), the applicant may claim priority in respect of an ROC variety application for the same variety if the ROC variety application for the same variety is filed within twelve (12) months after the filing date of the said first variety application.An applicant who claims the priority right pursuant to the preceding paragraph shall simultaneously make a declaration, and submit evidentiary proof of the application as accepted by the country or WTO member referred to in the preceding paragraph within 4 months from the next day of the application date. An applicant is not entitled to the right of priority if he/she fails to fulfill the aforementioned requirements.In the case that an applicant claims the priority right, the review of the elements of the plant variety right shall be based on the date of the priority right.