The current Patent Act in Taiwan was amended and announced on February 6, 2003 which then enforced on July 1, 2004. In order to meet the world changes and demands of the industry and IP practitioners, Taiwan Intellectual Property Office (TIPO) had proposed amendment on Patent Act and conducted several public hearings since 2006.
The Patent Act Amendment was passed by the Executive Yuan in December of 2009 and reviewed by the Legislative Yuan since then. Most of the 162 articles in the Patent Act Amendment are acceptable by the Legislative Yuan, except those relating to the animal and plant inventions. Animal and plant inventions are not patentable under the prevailing Taiwan Patent Act.
However after studying and evaluating the plant seeding technology and biotechnology in Taiwan as compared with those developed countries, the Council of Agriculture (COA) under the Executive Yuan and The Science and Technology Advisory Group (STAG, a group set up by Executive Yuan in 1979) had discussion and consultation meetings within the ministries and agencies, and then made policy to provide patent protection to animal and plant inventions in Taiwan. Public hearings to review the topic of animal and plant patents were therefore held by Taiwan Intellectual Property Office (TIPO) in May 2006 and August 2011, respectively.
There are pro and con sides among the industry and academic sectors for and against the animal and plant patents. Most con arguments include the controversial issues of genetically modified species, the monopoly of market by big companies, the provision of The Plant Variety and Plant Seed Act already provide protection for plant species, etc. According to Taiwan Intellectual Property Office, the requirement and protection between the seeding rights and patent rights may be alike but still have differences, namely the owner of new species can seek to choose a better protection among the plant seeding law or patent law; on one hand the aim of patent is to provide protection over the novelty of new species technology in the R&D region, whereas on the other hand the genetic modification issues relating to the impact of ecological environment and human ethnics should be the post management region, and both regions are different level of issues; also the provisions of exemption from liability regarding the new species obtained by research or experiment and the self-uses of new species by farmers were introduced into the Patent Act Amendment. Yet some argued that such liability exemptions have prohibited the commercial use and self-use of new species by the breeder, etc.
These public opinions had been addressed and would be submitted to STAG for further considerations and discussions. It is unknown whether the Patent Act Amendment will be passed by the Legislative Yuan this year as new members of Legislative Yuan will be elected in January 2012.
