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Plant Variety Protection Act (Act No. 11457 of June 1, 2012, as amended up to Act No. 12062 of August 13, 2013), Republic of Korea

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Year of Version 2013 Dates Entry into force: June 2, 2013 Promulgated: June 1, 2012 Type of Text IP-related Laws Subject Matter Patents (Inventions), Plant Variety Protection Notes Formerly part of the Seed Industry Act, this Plant Variety Protection Act was promulgated on June 1, 2012 and entered into force on June 2, 2013.

In order to protect new varieties and their breeders’ rights in a systematic manner, the Republic of Korea adopted a set of procedural rules on application, examination as well as registration of new varieties.

The Act states that the protection shall be extended to all varieties of plants, pursuant to its obligations under UPOV (article 3). Among others, it reinforces breeder’s rights by raising the maximum penalty to 7-year imprisonment or a maximum fine of 100 million won, which is the same level as the Patent Act sets in case of infringement of patent rights (see Article 169 of the Patent Act).

Available Texts Main text(s) Main text(s) Korean 식물신품종 보호법 (2012년6월1일에 제정된 법률 제11457호는 2013년8월13일의 법률 제12062호 개정에 이르기까지 수차례 개정이 이루어짐 ) PDF HTML English Plant Variety Protection Act (Act No. 11457 of June 1, 2012, as amended up to Act No. 12062 of August 13, 2013) PDF HTML
Legislation Supersedes (3 text(s)) Supersedes (3 text(s))
Seed Industry Act (Act No. 5024 of December 6, 1995, as last amended by Act No. 10332 of May, 31 2010)(KR105)
Seed Industry Law (Act No. 5024 of December 6, 1995, as last revised by Act No. 6374 of January 26, 2001)(KR068)
Seed Industry Act (Act No. 5024 of December 6, 1995, as last revised by Act No. 5668 of January 21, 1999)(KR011)
 Is implemented by (1 text(s)) Is implemented by (1 text(s))
Enforcement Rule of the Plant Variety Protection Act (enacted by Ordinance No. 46, October 18, 2013, of the Ministry of Agriculture, Food and Rural Affairs and by Ordinance No. 42, October 18, 2013, of the Ministry of Oceans and Fisheries) (KR161)
Treaties

WIPO Lex No. KR159