Consolidated Text of the Seed Industry Law of December 6, 1995, under Law No. 5024 As to be enforced as of December 31, 1997, and part of which is to be enforced as of March 1, 1998
Revised Text of the Seed Industry Law of January 26 2001 under Law No. 6374 to be enforced as of July 1, 2001
Article 1 Purpose of the Law Article 2 Definitions
CHAPTER I SUBSTANTIVE LAW
Article 3 Variety Protection Agent for Non-Residents Article 4 Scope or Power of Attorney Article 5 Representative of Plural Parties Article 6 Extension of Time, Etc. Article 7 Amendment of Procedure Article 8 Invalidation of Procedure Article 9 Effective Date of Submitted Documents Article 10 Mutatis Mutandis Application of Patent Laws and Others
CHAPTER II CONDITIONS OF VARIETY PROTECTION AND VARIETY PROTECTION APPLICATIONS
Article 11 Plants Entitled to Variety Protection Article 12 Conditions of Variety Protection Article 13 Novelty Article 13-2 Variety Protection for Known Varieties Article 14 Distinctness Article 15 Uniformity Article 16 Stability Article 17 Persons Entitled to Variety Protection Article 18 Capacity of Foreigners to Enjoy Rights Article 19 Application filed by an Unentitled Person; Protection of Entitled Person Article 20 Variety Protection of Unentitled Person; Protection of Entitled Person Article 21 First-to-File Rule Article 22 Transfer of the Right to Obtain Variety Protection Article 23 Succession to the Right to Obtain Variety Protection Article 24 Breeding or Others as Part of Duties of a Public Official Article 25 Remuneration for Breeding or Others as Part of Duties of a Public Official Article 26 Application for Variety Protection Article 27 Priority Claiming Article 28 Processing of the Application Article 29 Amendment before the Decision of Publication Article 30 Amendment after the Decision of Publication Article 31 Change of Gist of the Application Article 32 Quash of Amendment
CHAPTER III EXAMINATION
Article 33 Examination by Examiner Article 34 Publication of the Application Article 35 Examination of Applied Variety Article 36 Submission of Materials Article 37 Rejection Ruling and Notification of Reasons Therefor Article 38 Publication of the Application for Public Inspection Article 39 Right to Provisional Protection Article 40 Exercise of the Right of Provisional Protection and Suspension of Litigation
Proceedings Article 41 Opposition to Grant of Variety Protection Article 42 Amendments to Grounds for Opposition, Etc. Article 43 Ruling on Opposition Article 44 Decision of Rejection taken Ex Officio after Publication Article 45 Conflict in Applications for Variety Protection Opposition Article 46 Decision on Grant of Variety Protection Article 47 Suspension of Examination or Litigation Proceedings Article 48 Mutatis Mutandis Application of Patent Law
CHAPTER IV VARIETY PROTECTION FEES AND VARIETY PROTECTION REGISTRATION, ETC.
Article 49 Variety Protection Fees Article 50 Payment of Variety Protection Fees after Expiration of the Payment Period Article 51 Exemption of Variety Protection Fees Article 52 Refund of Variety Protection Fees Article 53 Variety Protection Register Article 54 Variety Protection Gazette
CHAPTER V THE VARIETY PROTECTION RIGHT
Article 55 Registration of Establishment of the Variety Protection Right
Article 56 Duration of the Variety Protection Right
Article 57 Effects of the Variety Protection Right
Article 58 Scope of No Effect of the Variety Protection Right
Article 59 Exhaustion of the Variety Protection Right
Article 60 Measures Restricting the Variety Protection Right
Article 61 Transfer of the Variety Protection Right
Article 62 Exclusive License
Article 63 Effects of Registration of the Variety Protection Right and Exclusive License
Article 64 Non-Exclusive License
Article 65 Non-Exclusive License by virtue of Prior Use
Article 66 Non-Exclusive License due to Exploitation prior to Registration of Demand for Invalidation Trial
Article 67 Non-Exclusive License subject to Transfer of the Variety Protection Right due to Exercise of Pledge
Article 68 Arbitration Decision on Grant of Non-Exclusive License
Article 69 Transmittal of Written Request for Arbitration
Article 70 Manner of Arbitration
Article 71 Transmittal of Certified Copies of the Arbitration Decision
Article 72 Deposit of Remuneration
Article 73 Lapse and Cancellation of Arbitration Decision
Article 74 Restriction on Objection to Arbitration Decision
Article 75 Effects of Registration of Non-Exclusive License
Article 76 Restriction on Abandonment of the Variety Protection Right and Others
Article 77 Effects of Abandonment
Article 78 Pledge
Article 79 Subrogation of the Pledge Right
Article 80 Cancellation of the Variety Protection Right
Article 81 Extinguishment of the Variety Protection Right in absence of Successor
Article 82 Report on Exploitation of the Variety Protection Right
Article 83 Maintenance Obligation of the Protected Variety
CHAPTER VI PROTECTION OF THE VARIETY PROTECTION RIGHT HOLDER
Article 84 Injunction and Prevention against Infringement Article 85 Acts deemed to be Infringement Article 86 Right to Claim Compensation for Damage Article 87 Presumption of Negligence Article 88 Recovery of Reputation of Variety Protection Right Holder or Exclusive Licensee Article 89 Marking of Variety Protection Article 90 Prohibition of False Marking
CHAPTER VII TRIAL
Article 91 Variety Protection Trial Committee Article 92 Trial against Quash of Amendment Article 93 Trial against Rejection Ruling Article 94 Invalidation Trial of Variety Protection Article 95 Manner of Demanding a Trial Article 96 Trial Member Article 97 Designation of Trial Members Article 98 Collegial System in Trial Article 99 Mutatis Mutandis Application of Provisions on Examination to Trial Article 100 Mutatis Mutandis Application of Patent Law
CHAPTER VIII RETRIAL AND LITIGATION
Article 101 Demand for Retrial Article 102 Demand for Retrial against Fraudulent Trial Decision Article 103 Restriction on Effects of Variety Protection Right Restored by Retrial Article 104 Non-Exclusive License for Prior User of Variety Protection Right Restored by
Retrial Article 105 Appeal to Patent Court Article 106 Action against Decision on Amount of Remuneration Article 107 Mutatis Mutandis Application of Patent Law and Others
Article 108 Variety Denomination Article 109 Requirements for Variety Denomination Registration Article 110 First-to-File Rule Article 111 Registration Procedure of Variety Denomination Article 112 Use of the Variety Denomination Article 113 Cancellation of a Denomination
Article 114 Plants to be entered in an Official Catalogue of Varieties Article 115 Application for Entry in a Catalogue of Varieties Article 116 Examination of the Variety for which Entry in a Catalogue of Varieties is applied Article 117 Publication of the Variety Entered in a Catalogue of Varieties Article 118 Duration of the Entry in a Catalogue of Varieties Article 119 Cancellation of the Entry in a Catalogue of Varieties Article 120 Maintenance of a Catalogue of Varieties Article 121 Production of the Seed of a Variety Entered in a Catalogue of Varieties Article 122 Management of the Maintenance of the Variety Entered in a Catalogue of Varieties
(Deleted) Article 123 Order to Prohibit Cultivation (Deleted)
Article 124 Classification of Seed Certification Article 125 Objects of National Certification Article 126 Objects of Internal Certification Article 127 Qualification of Seed Quality Managers Article 128 Field Inspection Article 129 Field Condition for Seed Production Article 130 Seed Examination and Re-Examination Article 131 Indication of Certification Article 132 Submission of Materials (Deleted) Article 133 Issuance of a Certificate Article 134 Control Examination Article 135 Effects of the Certification Article 136 Certification Indication of Unpacked Seeds
Article 137 Registration of Seed Business Article 138 Selling and Distribution of the Seeds Article 139 Cancellation of the Registration of Seed Business Article 140 Import and Export of the Seeds Article 141 Adaptability Test of Imported Seeds Article 142 Recommendation of Import of the Variety Article 143 Indication of Quality of the Circulated Seeds Article 144 Prohibition of False Indication, Etc. (Deleted) Article 145 Circulation Inspection, Etc. of the Seeds Article 146 Stockpiling of the Seeds (Deleted) Article 147 Keeping the Seed Samples Article 148 Disputes Concerning Circulated Seeds
Article 149-157(Deleted)
Article 158 Seed Council Article 159 Hearing Article 160 Official Fees Article 161 Exemption of Official Fees Article 162 Refund of Official Fees Article 163 Language Used Article 164 Storage, Etc. of the Documents Article 165 Development of Seed Industry Article 166 Entrustment and Consignment of the Authority Article 167 Relationship with Other Law Provisions Article 168 Mutatis Mutandis Application of Patent Law
Article 169 Offense of Infringement Article 170 Offense of Perjury Article 171 Offense of False Marking Article 172 Offense of Divulging Secrets Article 173 Offense of Non-Registration of the Seed Business Article 174 Dual Liability Article 175 Confiscation Article 176 Administrative Fine
Article 1 Entry into Force Article 2 Abrogation of Other Laws Article 3 Examples of Mutatis Mutandis Application of Patent Law Article 4 Interim Measures for Known Varieties at the time of Enforcement of this Law Article 5 Interim Measures on the Registration of Variety Denomination Article 6 Interim Measures on the Entry of the Seed Article 7 Interim Measures on Seed Certification Article 8 Interim Measures on the Registration of Seed Business, Etc. Article 9 Interim Measures on Report of Import and Export of the Seed Article 10 Interim Measures on an Adaptability Test of Imported Seeds Article 11 Interim Measures on Quality Indication of the Circulated Seeds Article 12 Interim Measures on Establishment of the Seed Fund Article 13 Interim Measures on Application of Penal Provisions
The purpose of the Law is to develop seed industry and to contribute to stability of agriculture, forestry, and fishery by enacting provisions on protection of the breeder's right, management of variety performance of major crops, seed production, certification, marketing, etc.
For the purposes of this Law:
(iii) "seed" means a seed, a mushroom spawn, or vegetative material used for the propagation or cultivation of plants;
(vii) "variety protection right holder" means the holder of a variety protection right;
(viii) "protected variety" means the variety which is the subject matter of a variety protection right meeting the requirements for variety protection defined by this Law;
(xii) "seed quality manager" means the person who is entitled by this Law to certify the seeds produced by seed traders for their marketing, export, or import;
(xiii) "seed business" means doing business in the production and marketing of the seeds;
(xiv) "seed merchant" means the person who practices seed business pursuant to this Law;
PART II PROTECTION OF THE RIGHTS OF THE BREEDER
An agent of a person who is domiciled or has his place of business in the Republic of Korea, and who is instructed to initiate a procedure relating to variety protection shall not, unless expressly so empowered, do any one of the actions of:
(iii) request for priority claim under Paragraph (1) of Article 27 or withdrawal of such claim;
The Minister of the Ministry of Agriculture and Forestry or the presiding examiner may order correction of a procedure relating to variety protection, designating a time limit if such procedure falls under any of the following items:
(iii) where fees required in accordance with Article 160 have not been paid.
To the procedure relating to variety protection, the provisions of Articles 3, 4, 7, 8, and 9, Paragraphs (1), (2), and (4) of Article 10, Articles 13, 14, and 17 through 24 of the Patent Act as well as Paragraph (2) of Article 54, Articles 55, 59, 80, 83, 85, and 87 of the Code of Civil Procedure shall apply. In this case, "the location of the Korean Industry Property Office" in Article 13 of the Patent Act shall be regarded as "the location of the Ministry of Agriculture and Forestry," and "(3) of Article 132 and (4) of Article 132" in Article 17 of the Patent Act shall be regarded as "Articles 92 and 93."
Species or genus of the plants entitled to variety protection under this Law shall be determined in accordance with an Ordinance of the Ministry of Agriculture and Forestry.
Article 12 Conditions of Variety Protection
Protection shall be granted for a variety, provided such variety is:
(iii) uniform,
(iii) which forms part of an agreement under which a third party increases the supplies of propagating material of the variety concerned on behalf of the breeder, provided that the multiplied supply comes again under the control of the breeder;
Article 13-2 Variety Protection for Known Varieties
(iii) a variety of which establishment of the variety protection right has been registered in a foreign country; and
(iii) the date of the registration of establishment of the variety protection right of the variety, if the variety falls under Item (iii) of Paragraph (1); and
(iii) entry of the variety in a catalogue of varieties admitted to trade, and
application for a breeder's right or for entry in a catalogue of varieties admitted to trade shall be deemed to render the variety being the subject of the application a matter of common knowledge from the date of the application, provided that the application leads to the granting of the breeder's right or the entry in the catalogue, as the case may be. However, a variety that is not entitled to protection or not entered in a catalogue of varieties under this Law is excluded.
The variety is uniform under Item (iii) of Article 12 if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in its basic characteristics.(revised on 7/1, 2001)
Article 16
The variety is stable under Item (iv) of Article 12 if its basic characteristics remain unchanged after repeated propagation (or, in case of a particular cycle of propagation such as F1 hybrid, at the end of each such cycle).
Article 18 Capacity of Foreigners to Enjoy Rights
Foreigners who have neither a domicile nor a place of business in the Republic of Korea shall not enjoy variety protection rights or other rights relating to a variety, except as provided for in any one of the following items:
rights or other rights relating to a variety under the same conditions as its own nationals in the case that the Republic of Korea allows their country's nationals to enjoy variety protection rights or other rights relating to a variety; or
(iii) where they may enjoy variety protection rights or other rights relating to a variety according to a treaty or equivalents of a treaty (hereinafter referred to as a "treaty").
Article 19 Application filed by an Unentitled Person; Protection of Entitled Person
If a variety protection can not be granted because of an application having been filed by a person who did not have the right as a successor in title or who has misappropriated such right (hereinafter referred to as an "unentitled person"), a subsequent application filed by the lawful holder of the right shall be deemed to have been filed on the date of filing of the first application filed by the unentitled person. This provision shall not apply, however, if the subsequent application is filed by the lawful holder of the right more than thirty (30) days after the first application by the un-entitled person was not accepted under Item (ii) of Article 38, or more than sixty (60) days after its date of publication.
Article 20 Variety Protection of Unentitled Person; Protection of Entitled Person
If a variety protection is invalidated under the provisions of Item (ii) of Paragraph (1) of Article 94, a subsequent application filed by the lawful holder of the right shall be deemed to have been filed on the date of filing of the application which led to the grant of the variety protection that was invalidated; however, this provision shall not apply if the subsequent application is filed more than two (2) years after the date of publication of the first application or more than thirty (30) days after the decision to invalidate it became final.
Article 22 Transfer of the Right to Obtain Variety Protection
Article 23 Succession to the Right to Obtain Variety Protection
Article 24 Breeding or Others as Part of Duties of a Public Official
Article 25 Remuneraton for Breeding or Others as Part of Duties of a Public Official
(iii) the name and address of the person who bred, or discovered and developed, the variety (if that person is not the applicant);
(vii) matters prescribed in Paragraph (3) of Article 27 (where the priority of an earlier application is claimed);
(viii) a technical description of the variety and a procedural description of the variety breeding;
Article 27 Priority Claiming
Article 28 Processing of the Application
Article 29 Amendment before the Decision of Publication
Article 30 Amendment after the Decision of Publication
(iii) where an amendment is made within the time limit designated for submission of the written opinion against the reasons for rejection after receipt of the notice of reasons for rejection under Paragraph (4) of Article 44.
(2) Where an amendment of the application, made after the transmittal of a certified copy of the decision of publication, is found not to have complied with the provisions of Paragraph (1) after registration of the establishment of the variety protection right, the variety protection shall be deemed to have been granted on the application without such amendment.
Article 31 Change of Gist of the Application
Where an amendment made in accordance with Articles 29 and 30 falls under any of the following items, the amendment shall be deemed not to change the gist of the application:
(iii) the cases prescribed by a Presidential Decree.
Article 32 Quash of Amendment
Article 33 Examination by Examiner
Article 34 Publication of the Application
Article 35 Examination of Applied Variety
Article 36 Submission of Materials
(iii) it is in violation of a treaty.
Article 39 Right to Provisional Protection
Article 40 Exercise of the Right of Provisional Protection and Suspension of Litigation Proceedings
An opponent who has filed an opposition to the grant of variety protection under Paragraph (1) of Article 41 (hereinafter referred to as a "variety protection opponent") may amend the grounds and evidence set forth in the written opposition within thirty (30) days for the expiration of the time limit for opposition.
Article 43 Ruling on Opposition
Article 44 Decision of Rejection taken Ex Officio after Publication
Article 45 Conflict in Applications for Variety Protection Opposition
Article 46 Decision on Grant of Variety Protection
Article 47 Suspension of Examination or Litigation Proceedings
Article 48 Mutatis Mutandis Application of Patent Law
Article 49 Variety Protection Fees
Article 50 Payments of Variety Protection Fees after Expiration of the Payment Period
Article 51 Exemption of Variety Protection Fees
Notwithstanding Article 49, the payment of the variety protection fees shall be exempted, if the situation falls under any of the following items:
(iii) where the variety protection fees are to be paid by a life protectee prescribed by Article 3 of the Life Protection Act in order to register the establishment of a variety protection right.
Article 52 Refund of Variety Protection Fees
Variety protection fees which have been paid shall not be refunded unless they have been paid by mistake.
Article 53 Variety Protection Register
(iii) the establishment, transfer, modification, extinguishment, or restriction on disposal, of a pledge on a variety protection right or on an exclusive or non-exclusive license.
(2) Besides the matters prescribed in Paragraph (1), registration requirements, registration procedure, and other matters relating to the registration shall be prescribed by the Ordinance of the Ministry of Agriculture and Forestry.
Article 54 Variety Protection Gazette
The Minister of the Ministry of Agriculture and Forestry shall publish the Official Gazette periodically.
(iii) the date of registration of establishment; and
Article 56 Duration of the Variety Protection Right
The variety protection right shall expire at the end of the twentieth (20th) calendar year following the registration of its establishment; for trees and fruit trees, it shall expire at the end of the twenty-fifth (25th) year.
Article 57 Effects of the Variety Protection Right
(iii) varieties whose production requires the repeated use of the protected variety.
(4) A variety shall be deemed to be an essentially derived variety when it is derived from the initial variety or from a variety that is itself derived from the initial variety, and retains the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety, and essential characteristics of the corresponding variety are the same as those of the initial variety except for differences in the particular characteristics which result from the particular breeding method although the corresponding variety is clearly distinguishable from the initial variety.
Article 58 Scope of No Effect of the Variety Protection Right
(iii) exploitation of the protected variety for the purpose of breeding other varieties.
Article 59 Exhaustion of the Variety Protection Right
The variety protection right under Article 57 shall not extend to acts concerning any material of the protected variety which has been sold or otherwise marketed in the Republic of Korea by the holder of the variety protection right, or an exclusive or non-exclusive license, or its harvested material, or any material directly made from said material, unless such act falls under either of the following items:
Article 60 Measures Restricting the Variety Protection Right
Other than the measures prescribed by this Law, the Government shall not impose any restriction on the exploitation of the variety protection right.
Article 61 Transfer of the Variety Protection Right
Article 62 Exclusive License
Article 63 Effects of Registration of the Variety Protection Right and Exclusive License
(iii) the establishment, transfer (excluding the case of inheritance or other general succession), modification, or extinguishment of a pledge, or restriction on the disposal thereof for the purpose of the exploitation of the variety protection right or exclusive license.
(2) A person who has inherited, or succeeded generally to, a variety protection right, exclusive license, or pledge shall notify the Minister of the Ministry of Agriculture and Forestry of its purport within thirty (30) days from the effect.
Article 64 Non-Exclusive License
Article 65 Non-Exclusive License by virtue of Prior Use
Where, at the time of filing a variety protection application, a person who has bred a protected variety without having knowledge of the contents of the protected variety described in a variety protection application, or has learned how to exploit the protected variety from such person and has been exploiting the protected variety commercially and industrially, in good faith, in the Republic of Korea, or has been making preparations therefor, shall have a non-exclusive license on that variety protection right for which the variety protection application has been filed. Such license shall be limited to the purpose of commercial and industrial exploitation of the protected variety, which is being exploited or for which preparations have been made.
Article 66 Non-Exclusive License due to Exploitation prior to Registration of Demand for Invalidation Trial
(iii) in the case referred to in Item (i) or (ii), a person, who, at the time of registration of the demand for an invalidation trial of the invalidated variety protection right, has been granted an exclusive or non-exclusive license, or a non-exclusive license on the exclusive license, and such license has been registered. However, a person falling under Paragraph (2) of Article 75 is not required to register the license.
(2) A person who has been granted a non-exclusive license in accordance with Paragraph (1) shall pay an adequate remuneration as consideration to the variety protection right holder or exclusive licensee.
Article 67 Non-Exclusive License subject to Transfer of the Variety Protection Right due to Exercise of Pledge
If a variety protection right holder exploits the protected variety prior to the establishment of a pledge on the variety protection right, even if the variety protection right is subsequently transferred by an act such as an auction, the variety protection right holder shall have a non-exclusive license on the variety protection right. However, in this case, he shall pay an adequate remuneration to a person to whom the variety protection right is transferred through an act such as an auction.
scale for three (3) or more years, or where the domestic demand for the protected variety has not been satisfied to a proper extent and under reasonable conditions;
(iii) where there is a significant necessity for the non- commercial exploitation of the protected variety for the benefit of the public; and
Article 69 Transmittal of Written Request for Arbitration
Where a request has been made for an arbitration decision under Paragraph (1) of Article 68, the Minister of the Ministry of Agriculture and Forestry shall transmit a copy of the written request to the variety protection right holder and exclusive licensee related to the request, and to any other persons having a registered right to the protected variety, and shall give them an opportunity to submit a written reply within the time limit.
Article 70 Manner of Arbitration
Article 71 Transmittal of Certified Copies of the Arbitration Decision
Article 72 Deposit of Remuneration
A person who is to pay remuneration under Item (ii) of Paragraph (2) of Article 70 shall make a deposit thereof under any of the following circumstances:
(iii) where the variety protection right or exclusive license is the subject of a pledge, except for the case that the pledge gave his consent.
Article 73 Lapse and Cancellation of Arbitration Decision
(iii) when a person who is subject to a ruling under Paragraph (1) of Article 70 fails to pay or deposit the subsequent portions of the remuneration following the first portion if the remuneration is paid at a fixed period or in installments.
Article 74 Restriction on Objection to Arbitration Decision
Where a demand for an administrative trial is filed against the arbitration decision under Paragraph
(1) of Article 3 of the Administrative Trial Law, the remuneration determined in an arbitration decision may not be a ground for objection.
Article 76 Restriction on Abandonment of the Variety Protection Right and Others
Article 77 Effects of Abandonment
The variety protection right, exclusive license, or non-exclusive license shall be extinguished from the time of abandonment of the variety protection right, exclusive license, or non-exclusive license.
Article 78 Pledge
Where a variety protection right, exclusive license, or non-exclusive license is the subject of a pledge, the pledgee may not exploit the protected variety except as otherwise provided by the contract.
Article 79 Subrogation of the Pledge Right
A pledge may be exercised against the remuneration or goods to be received for the exploitation of the protected variety; however, it shall be seized before payment or delivery thereof.
Article 80 Cancellation of the Variety Protection Right
(iii) where an act of maintaining the protected variety under Article 83 has not been performed; and
Article 81 Extinguishment of the Variety Protection Right in absence of Successor
A variety protection right shall be extinguished in the event that there is no successor thereto when the succession is commenced.
Article 82 Report on Exploitation of the Variety Protection Right
The Minister of the Ministry of Agriculture and Forestry may require a variety protection right holder, exclusive licensee or non-exclusive licensee to report whether the protected variety has been exploited, and the scale, etc. thereof.
Article 83 Maintenance Obligation of the Protected Variety
Article 84 Injunction and Prevention against Infringement
Article 85 Acts deemed to be Infringement
Any act falling under either of the following items shall be deemed to be infringing a variety protection right or an exclusive license:
Article 86 Right to Claim Compensation for Damage
Article 87 Presumption of Negligence
A person who has infringed a variety right or exclusive license of another person shall be presumed to have been negligent in the infringement.
Article 88 Recovery of Reputation of Variety Protection Right Holder or Exclusive Licensee
At the request of a variety protection right holder or exclusive licensee, the court may, in lieu of damages or in addition thereto, order the person who has injured the business reputation of the variety protection right holder or exclusive licensee by intentionally or by negligently infringing the variety protection right or exclusive license to take measures necessary for recovering the business reputation of said variety protection right holder or exclusive licensee.
Article 89 Marking of Variety Protection
A variety protection right holder, exclusive licensee, or non-exclusive licensee may indicate that the variety is a protected variety.
Article 90 Prohibition of False Marking
No person shall be allowed to perform either of the following acts:
Article 91 Variety Protection Trial Committee
If a person, who has been notified of a decision to quash the amendment under Paragraph (1) or (4) of Article 32, has an objection to the decision, he may demand a trial within thirty (30) days from the date of receipt of a certified copy of the decision.
If a person, who has been rendered a ruling on rejection under Paragraph (1) of Article 37, has an objection to the ruling, he may demand a trial within thirty (30) days from the date of receipt of a certified copy of the ruling.
that, where the grant of the breeder's right has been essentially based upon information and documents furnished by the breeder, the conditions laid down in Articles 15 or 16 were not complied with at the time of the grant of the breeder's right, or that, where the grant of the breeder's right has been essentially based upon information and documents furnished by the breeder, the conditions laid down in Articles 8 or 9 were not complied with at the time of the grant of the breeder's right, or(revised on 7/1, 2001)
(ii) where variety protection has been granted to a person who is not entitled to obtain the right;
(iii) where variety protection has been granted in violation of a treaty; and
Article 95 Manner of Demanding a Trial
(iii) the filing date of a variety protection application and application number of variety protection;
Article 96 Trial Committee Member
Article 97 Designation of Trial Members
Article 98 Collegial System in Trial
Article 99 Mutatis Mutandis Application of Provisions on Examination to Trial
Article 101 Demand for Retrial
Article 102 Demand for Retrial against Fraudulent Trial Decision
Article 103 Restriction on Effects of Variety Protection Right Restored by Retrial
The effects of variety protection right shall not extend to any act falling under either of the following items, performed in good faith, after the trial decision has become final and conclusive but before the demand for a trial has been registered:
Article 104 Non-Exclusive License for Prior User of Variety Protection Right Restored by Retrial
Where, in the case referred to in any of the items of Article 103, any person, who has, in good faith, commercially and industrially exploited the protected variety in the Republic of Korea, or been making preparations therefor, after the trial decision has become final and conclusive but before the registration of the demand for a retrial, shall have a non-exclusive license on the variety protection right, said license being limited to the scope of the purpose of such exploitation or preparation.
Article 105 Appeal to Patent Court
Article 106 Action against Decision on Amount of Remuneration
Article 107 Mutatis Mutandis Application of Patent Law and Others
PART III
Article 108 Variety Denomination
(iii) a variety for which a declaration to produce and sell its seed is to be submitted under Paragraph (3) of Article 138.
(2) Where a denomination has already been registered, or its registration has been applied, in the Republic of Korea or in another country, that denomination alone shall be used; however, a denomination which is contrary to ordre public or morality shall not be used.
Article 109 Requirements for Variety Denomination Registration
A variety denomination falling under any of the following items may not be registered under Paragraph (8) of Article 111:
(iii) the variety denomination which is identical with or similar to the variety denomination of another variety of the species or genus of the plant to which the variety belongs, and therefore, it is likely to cause mistake or confusion;
(vii) the variety denomination including the name or title, or their short names, of a renowned person; however, in case of obtaining approval of that person, this provision shall not apply;
(viii) the variety denomination which is likely to cause mistake or confusion as to its origin; and
(ix) the variety denomination for which application for registration has been filed under the Trademark Law prior to the filing date of the variety denomination application, or which is identical with or similar to a registered trademark, and therefore, it is likely to cause mistake or confusion.
Article 110 First-to-File Rule
Article 111 Registration Procedure of Variety Denomination
(iii) where the variety denomination falls under any of the items in Article 109;
rejection ruling under Paragraph (4) and an opposition filing under Paragraph (7).
Article 112 Use of the Variety Denomination
111. (established on 7/1, 2001).
(3) In using a registered variety denomination under Paragraph (8) of Article 111, an applicant for the registration of a variety denomination or a successor of the variety may indicate a trademark name, etc. along with the variety denomination. In this case, the variety denomination shall be readily distinguishable.
Article 113 Cancellation of a Denomination
(iii) any other cases prescribed by a Presidential Decree.
Article 114 Plants to be Entered in an Official Catalogue of Varieties
Objects of the entry in an official catalogue of varieties to manage the variety performance of the seeds of the plants, which are important for the sake of stability in agricultural, forestry, and fishery production, shall include rice plants, barley, beans, corn, potatoes, and any other plants prescribed by a Presidential Decree. However, corn, which is imported for forage, shall not be included.
Article 115 Application for Entry in a Catalogue of Varieties
Article 116 Examination of the Variety for which Entry in a Catalogue of Varieties is Applied
Article 117 Publication of the Variety Entered in a Catalogue of Varieties
Where a variety is entered in a catalogue of varieties under Paragraph (4) of Article 116, the Minister of the Ministry of Agriculture and Forestry shall publish the type of a plant to which the variety belongs, variety denomination, duration of the entry in accordance with Article 118, etc. Where duration of the entry is extended under Paragraph (2) of Article 118, the above provision shall also apply.
Article 118 Duration of the Entry in a Catalogue of Varieties
Article 119 Cancellation of the Entry in a Catalogue of Varieties
(iii) when the variety denomination falls under any of the items in Paragraph (1) of Article 113 and the registered variety denomination is cancelled;
Article 120 Maintenance of a Catalogue of Varieties
The Minister of the Ministry of Agriculture and Forestry shall maintain a portion of a catalogue of varieties related to the variety for the entire duration of the entry of the variety prescribed in Article
118.
Article 121 Production of the Seed of a Variety Entered in a Catalogue of Varieties
The Minister of the Ministry of Agriculture and Forestry desiring to produce the seed of a variety which is entered in a catalogue of varieties under paragraph (4) of Article 116 may have a person falling under any of the following items produce the seed:
(iii) The mayor of city, the magistrate of county or head of district office in self ruling district (hereinafter refereed to as "The mayor and the magistrate") (established on 7/1, 2001);
Article 122
Management of Maintenance of the Variety Entered in a Catalogue of Varieties (Deleted)
Article 123 Order to Prohibit Cultivation (Deleted)
PART V CERTIFICATION OF THE SEED
Article 124 Classification of Seed Certification
The certification of the seeds is classified into certification by the Minister of the Ministry of Agriculture and Forestry (hereinafter referred to as "national certification") and certification by a seed quality manager (hereinafter referred to as "internal certification").
Article 125 Objects of National Certification
Article 126 Objects of Internal Certification
A case falling under either of the following items shall be subject to internal certification:
Article 127 Qualifications of Seed Quality Managers
Article 128 Field Inspections
Article 129 Field Conditions for Seed Production
A person desiring to produce seeds having national or internal certification shall maintain some distance from or install isolation facilities at a cultivation area of a variety or crop that might contaminate in order to prevent the variety from being cross-pollinated with other varieties or crops of the same or related species.
Article 130 Seed Examination and Re-Examination
Article 131 Indication of Certification
Article 132 Submissions of Materials (Deleted)
Article 133 Issuance of a Certificate
At the request of a person who has had a certified seed having certification indication under Paragraph (1) of Article 133 be subject to an examination, the Minister of the Ministry of Agriculture and Forestry or seed quality manager shall issue a certificate.
Article 134 Control Examination
Article 135 Effects of the Certification
Effects of the certification shall be deemed to have been lost, if a certified seed falls under any of the following items:
(iii) where the certified seed packed has been unpacked or repacked; however, repacking into smaller packages under the authority of a certifying agency or seed quality manager who has certified the seed shall not be deemed to be the loss of the effects of the certification.
Article 136 Certification Indication of Unpacked Seeds
Certification indication of the unpacked seeds under the proviso of Paragraph (3) of Article 135 shall have an identical certification indication with that of the variety which has been indicated prior to unpacking.
PART VI CIRCULATION OF THE SEEDS
Article 137 Registration of Seed Business
Article 138 Selling and Distribution of the Seeds
(iii) where the seed is used for the purpose of undertaking the test or research;
Article 139 Cancellation of the Registration of Seed Business
(iii) when the seed merchant has not hired a seed manager in violation of the main provision of Paragraph (2) of Article 137;
Article 140 Import and Export of the Seeds
Article 141 Adaptability Test of Imported Seeds
Article 142 Recommendation of Import of the Variety
Article 143 Indication of Quality of the Circulated Seeds
A person desiring to sell or distribute the seed which is not subject to national or internal circulation shall indicate the year of the production of the seed or year of packing and other matters prescribed by the Ordinance of the Ministry of Agriculture and Forestry on a container or package of the seed.(revised on 7/1, 2001).
Article 144 Prohibition of False Indication, Etc. (Deleted)
Article 145
Circulation Inspection, Etc. of the Seeds
Article 146 Stockpiling of the Seeds (Deleted)
Article 147 Keeping the Seed Samples
(iii) the seed of a variety which has been reported in accordance with the provisions of Paragraph (3) of Article 138.
(2) Matters relating to keeping the seed samples under Paragraph (1) shall be prescribed by the Ordinance of the Ministry of Agriculture and Forestry.
Article 148 Disputes Concerning Circulated Seeds
147.
seeds, the injured party may demand a compensation thereof from the seed merchant as prescribed by the Ordinance of the Ministry of Agriculture and Forestry.
PART VII THE SEED FUND
Article 149 Article 157 (deleted on June 1st, 2000)
PART VIII SUPPLEMENTARY PROVISIONS
Article 158 Seed Council
Article 159 Hearing
The Minister of the Ministry of Agriculture and Forestry, Mayors, or Provincial Governors desiring to take a measure falling under either of the following items shall give hearing:
Article 160 Official Fees
(iii) a person desiring to claim the right of priority under Paragraph (1) of Article 27;
(vii) a person desiring to demand a trial on the variety protection right under Articles 92 through 94;
(viii) a person desiring to demand a retrial under Article 101;
(xii) a person desiring to be issued of a certification of the seed under Article 133;
(xiii) a person desiring to report the seed to be sold by producing or importing under Paragraph
(3) of Article 138; (xiv) a person desiring to have the seeds be subject to an import adaptability test under the main provision of Paragraph (1) of Article 141; and
Article 161 Exemption of Official Fees
Notwithstanding the provisions in Article 160, a case falling under either of the following items shall be granted for an exemption from the payment of official fees:
Article 162 Refund of Official Fees
The official fees that have been paid shall not be refunded, except where those fees have been paid by mistake.
Article 163 Language Used
All documents specified in this Law shall be in Korean; however, where it is necessary to use Chinese characters and other foreign letters, they shall be indicated in parentheses, except for the case prescribed by the Ordinance of the Ministry of Agriculture and Forestry.
Article 164 Storage, Etc. of the Documents
(iii) where it is contrary to ordre public or morality.
Article 165 Development of Seed Industry
Forestry.(Established on 7/1, 2001).
Article 166 Entrustment and Consignment of the Authority
A portion of the authority of the Minister of the Ministry of Agriculture and Forestry prescribed in this Law may be entrusted or consigned to the Administrator of the Rural Development Administration, Administrator of the Forestry Administration, or Minister of the Ministry of Ocean Industry, Mayor, Provincial Governor, mayor of city, magistrate of county, office of attached Ministry of Agriculture and Forestry, or a legal entity or organization involved in agricultural, forestry, and fishery business as prescribed by a Presidential Decree.(revised on 7/1, 2001)
Article 167 Relationship with Other Law Provisions
Matters relating to the seeds for forestry, mulberry nursery stocks and silkworm eggs, trees, tobacco seeds, seeds for marine plants, and ginseng seeds shall be prescribed by this Law, except where there are special law provisions concerning these seeds in the Forestry Law, Seri-culture Law, Tobacco Business Law, Fishery Law, and Ginseng Industry Law.
Article 168 Mutatis Mutandis Application of Patent Law
To the transmittal of the documents, etc. in the procedure relating to variety protection, the provisions of Articles 217 through 220, and 222 of the Patent Act shall apply.
PART IX PENAL PROVISIONS
Article 169 Offense of Infringement
shall apply only where the establishment of a variety protection right has been registered; and
(iii) a person who is rendered a variety protection ruling or trial decision through a fraudulent act or any unlawful method.
(2) Prosecution for offenses under Items (i) and (ii) of Paragraph (1) shall be initiated upon filing of a complaint by an injured party.
Article 170 Offense of Perjury
Article 171 Offense of False Marking
Any person who has violated Article 90 shall be punished by imprisonment for not more than three
(3) years or a fine not exceeding twenty million (20,000,000) Won.
Article 172 Offense of Divulging Secrets
Where any present or former employee of the Ministry of Agriculture and Forestry (including an employee of any organization if the authority is entrusted by the Minister of the Ministry of Agriculture and Forestry under Article 166) or Examination Committee has divulged or appropriated a variety of which application for variety protection is pending to which he had access in the course of his duties, he shall be punished by imprisonment for not more than two (2) years or a fine not exceeding five million (5,000,000) Won.
Article 173 Offense of Non-Registration of the Seed Business
Any person falling under any of the following items shall be punished by imprisonment for not more than one (1) year or a fine not exceeding ten million (10,000,000) Won:
(iii) a seed quality manager who has issued a certification prescribed in Article 133 falsely;
(vii) a person, who has continuously practiced the seed business of which registration had been cancelled, or who has continuously practiced the seed business after having been ordered suspension of the business, in violation of Paragraph (1) of Article 139;
(viii) a person who has exported or imported, or circulated the imported seed in violation of Paragraph (3) of Article 140;
Article 174 Dual Liability
Where a representative of a legal entity, or an agent, serviceman, or other employee of a legal entity or natural person has committed an act in violation of Paragraph (1) of Article 169, Article 171 or
173 with regard to the business of the legal entity or natural person, the penalty of fine as prescribed in each corresponding article shall also be imposed on the legal entity or natural person, in addition to the punishment of the offender.
Article 175 Confiscation
Article 176 Administrative Fine
(ii) | (Deleted); |
(iii) | (Deleted); |
(iv) | (Deleted); |
(v) | (Deleted); |
(vi) | (Deleted); |
(vii) | a person who has exported or imported the seed without reporting in violation of the main |
provision of Paragraph (1) of Article 140;
(viii) (Deleted);
(iii) a person who has failed to comply with an order to report exploitation as prescribed in Article 82;
ADDENDUM
Article 1 Entry into Force
This Law shall enter into force as of December 31, 1997; provided that the provisions in Articles 91 through 107 shall enter into force as of March 1, 1998.
Article 2 Abrogation of Other Laws
Main Crops Seed Law and Seed and Seedling Control Law shall be abrogated.
Article 3 Examples in Mutatis Mutandis Application of Patent Law
In applying Articles 3 and 9, Paragraphs 1, 2, and 4 of Article 10, Articles 17, 19 through 23 of the Patent Act under Article 10 of this Law, as well as applying Article 157, Paragraphs 3 through 6 of Article 165, and Article 166 of the Patent Act under Article 48 of this Law, the corresponding provisions in the same law to be effective as of March 1, 1998 shall be deemed to be applied; however, from the enforcement date of this Law to February 28, 1998, the corresponding provisions in the Patent Law at the time of enforcement of this Law shall be deemed to be applied.
Article 4 Interim Measures for Known Varieties at the time of Enforcement of this Law
(iii) a variety which has been registered under Paragraph (2) of Article 45 of the Forestry Law;
(iii) the date of the registration of the variety, if the variety falls under Item (iii) of Paragraph (1);
Article 5 Interim Measures on the Registration of Variety Denomination
The variety denomination of the variety falling under any of the items in Paragraph (1) of Article 4 of Addendum shall be deemed to be a variety denomination, which has been registered under Paragraph (8) of Article 111.
Article 6 Interim Measures on the Entry of the Seed
Among the superior varieties which have been produced by the Minister of the Ministry of Agriculture and Forestry in accordance with the previous Main Crops Seed Law and the varieties which have been registered in accordance with the previous Seed and Seedling Control Law, at the time of the enforcement of this Law, the variety which is subject to the entry in a catalogue of varieties under Article 114 shall be deemed to be a variety entered in a catalogue of varieties and published under Article 117, while the variety other than those which are subject to the entry in a catalogue of varieties shall be deemed to be a variety reported under Paragraph (3) of Article 138.
Article 7 Interim Measures on Seed Certification
Among the superior varieties produced by the Minister of the Ministry of Agriculture and Forestry in accordance with the previous Main Crops Seed Law at the time of the enforcement of this Law, the seed of a variety which is subject to the entry in a catalogue of varieties under Article 114 shall be deemed to have been certified in accordance with Article 124.
Article 8 Interim Measures on the Registration of Seed Business, Etc.
A person who has reported practice of the seed business under the previous Seed and Seedling Control Law, at the time of the enforcement of this Law, shall be deemed to have registered the seed business under Paragraph (1) of Article 137; a person who has registered the seed and seedling business under the previous Seed and Seedling Control Law shall be deemed to have reported practice of the seed trade under Paragraph (3) of the same article; and a person who has reported the seed and seedling business under the previous Main Crops Seed Law shall be deemed to have reported the seed trade under Paragraph (3) of the same article. In this case, a person who is deemed to have registered the seed business shall furnish proper facilities for satisfying the standards prescribed in Paragraph (1) of Article 137 and employ one (1) or more seed quality managers as prescribed in Paragraph (2) of the same article.
Article 9 Interim Measures on Report of Import and Export of the Seed
Article 10 Interim Measures on an Adaptability Test of Imported Seeds
The seed which has been or is subject to a domestic adaptability test under the previous Main Crops Seed Law or Seed and Seedling Control Law at the time of the enforcement of this Law shall be deemed to be the seed which has been or is subject to an adaptability test of imported seeds under the main provision of Paragraph (1) of Article 141.
Article 11 Interim Measures on Quality Indication of the Circulated Seeds
A person who has indicated quality of the seed on a package of the seed and seedling under the previous Seed and Seedling Control Law at the time of the enforcement of this Law shall be deemed to have indicated the quality of the circulated seed under Article 143.
Article 12 Interim Measures on Establishment of the Seed Fund
The seed fund established in accordance with the previous Main Crops Seed Law at the time of enforcement of this Law shall be deemed to be the seed fund established in accordance with Article
149.
Article 13 Interim Measures on Application of Penal Provisions
The previous Law shall govern application of the penal provisions against actions committed in violation of the previous Main Crops Seed Law or Seed and Seedling Control Law at the time of enforcement of this Law.
[End of Document]
In case of discrepancy caused by the translation of these provisions into another language, the Korean text will prevail.