Plant Varieties-Countries

KOREA

COUNTRY : REPUBLIC OF KOREA

CAPITAL : SEOUL

LANGUAGES : KOREAN & ENGLISH

INTERNATIONAL TREATIES TO WHICH INDIA IS SIGNATORY

International Treaties to which Korea is signatory for the protection of Plant Breeders Rights.

  1. SEED TREATY OR PLANT TREATY – ITPGRFA – The International Treaty on Plant Genetic Resources for Food and Agriculture.
  2. CONVENTION ON BIOLOGICAL DIVERSITY.
  3. TRADITIONAL KNOWLEDGE – International Treaty on Plant Genetic Resources for Food and Agriculture
  4. CARTAGENA PROTOCOL on Bio Safety
  5. NAGOYA PROTOCOL on Access and Benefit Sharing & Liability and Redress. Korea is not a member for Liability and Redress.
  6. SANITARY & PHYTOSANITARY MEASURES, TECHNICAL BARRIERS to TRADE AGREEMENT – TBT & SPS
  7. INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS – UPOV. 
PLANT BREEDERS’ RIGHTS LEGISLATION

Plant Breeders Rights in Korea are protected by the Plant Variety Protection Laws

PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS’ RIGHTS
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS’ RIGHTS

The PVP Act does not protect new varieties if the denomination given to such variety which:

  1. Consists solely of numbers.
  2. Is misleading or confusing regarding features, characteristics and identity of the breeders .
  3. Is contrary to public policy, morality and social ethics. iv. is not distinct from the existing variety of the same plant species.ParityPatents Law Firms through its Attorney and Law Firms in Korea is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS
  1. Persons claiming to be Breeders
  2. Successors in-interest,
  3.  Employers
  4. Assignees & Inheritors of the variety
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT INDIA

Application made for protection under the PVP to contain  the following requisites:

  • Name and address of the applicant, agent, breeder
  • Botanical and Common name of the plant to which applied variety is denominated
  • Priority details if any
  • Technical description of the characteristics of the applied variety
  • Procedural description of its breeding history
  • Photographs and seed samples of the applied variety
  • Fee payment voucher
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS’ RIGHTS APPLICATION
  • Upon receipt of the application, it is formally examined to confirm compliance with all the requisites by checking databases and documents.
  • The applied variety is then substantially examined by testing with standard and similar variety for 2 yrs.
  • Upon application being compliant, it is published in the gazette.
  • There being no objections or grounds for rejecting the application, the application is registered and plant variety protection granted.
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS

The PVP Act protects New Plant Varieties which are:

  • Novel – Distinct
  • Uniform
  • Stable
  • Designated by proper denominations
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT

Duration of Registration:

25 years from the date of grant of registration – for trees and fruit bearing trees.

20 years from the date of grant of registration – for all other types.

Owners of the registered plant variety may:

  • Conduct production and propagation of the plant variety
  • Process the plant variety for the purposes of propagation
  • Offer the plant variety for sale
  • Sell and Market the plant variety
  • Export and Import the plant variety
  • Stock the plant variety to carry out all of the above acts
COMPULSOSRY LICENCE PROVISIONS AS PER PLANT BREEDERS RIGHTS PROTECTION ACT