The Plant Variety and Plant Seed Act Article 30

In response to significant national situations or to make non-profit use for the enhancement of the public interest, or in the case of an applicant's failure to reach a licensing agreement with the holder of a variety right under reasonable commercial terms within a considerable period of time, the central competent authority may grant a compulsory license to exercise such variety right upon request, provided that such license is exercised mainly for the purposes of satisfying domestic market demand.Compulsory licenses shall be nonexclusive and nontransferable licenses only. The period of a compulsory license shall be clearly specified in the license; however, in no event shall the period exceed 4 years.In the absence of the conditions set forth in Paragraph 1, the central competent authority still may grant a compulsory license for the exercise of a variety right to the person applying for a compulsory license upon receipt of a request from the person in the event that the holder of such variety right has engaged in restricting competition or in unfair competition as confirmed by a court decision or by a decision of the Fair Trade Commission of the Executive Yuan.Upon receipt of a written request for a compulsory license, the central competent authority shall serve a copy of the request on the holder of the variety right, requesting the holder of the variety right to make a defense within 3 months. If no defense is responded within the specified time limit, the central competent authority may decide the matter by its authority.A compulsory license with respect to a variety right shall not preclude others from obtaining a right to exercise such variety right.The holder of the compulsory licensee shall provide the holder of the variety right with appropriate remuneration. In the case of a dispute, it shall be determined by the central competent authority.The compulsory license shall be transacted together with the business pertaining to the compulsory license for assignment, inheritance, license, or pledge creation.When the reason for the compulsory license ceases to exist, the central competent authority may annul the compulsory license upon request.