The patent law provides asexually reproduced or reproducible varieties and under the article 31 of laws. Under this article, there are 167 applications of the asexually plant variety for plant patent in the end of 1999. Most of varieties applied to patent recently are from rose and cymbidium. The list of applications is attached in Table 5, and only 8 varieties are registered until 1999.

Table 5. The applications of plant varieties classified by A01H of IPC for plant patent in KIPO

6. Management of Variety Performance

6.1 Plants to be entered in an National List

Objects of the entry in a National List to manage the variety performance of the seeds of the plants, which are important for the sake of stability in agricultural production, shall include rice, barley, soybeans, corn, and potato.

6.2 Application for Entry in a National List

Any person desiring to enter a variety of a National List shall file an application for the entry in a National List with the Minister of the MAF along with seed samples of the variety attached thereto. Total number of application for National List is 67 and that of registration is 37 varieties. The number of application in rice, barley, soybean, maize and potato is 31, 9, 16, 6 and 4 respectively, and the number of registration is 17, 4, 10, 5 and 1 respectively.

6.3 Examination of the Variety

The Minister of the MAF examine a variety performance, which is value for cultivation and use such as yield, quality, processing according to the standards for examination of variety performance prescribed by the Ordinance of the MAF. Where no reasons for rejecting an application for the entry in a National List found after completion of an examination. The Minister of the MAF shall enter the variety in a National List without delay and notify the applicant of the entry.

Table 6. The number of applications and registrations of National List in May 2000

6.4 Production of the Seed of a Variety Entered in a National List

The NSMO produce and distribute the seed of a variety that is entered in a National List. The procedure of seed processing for the distribution of variety is described on the figure 3.

Figure 3. The Procedure of Seed processing in the seed processing plant of branch office.

The number of plant genera and species for PVP are extend and will be extended in year by year within about 10 years from the year when we join the member of UPOV.

We are also establishing technical guidelines suitable to Korean circumstances along the extending schedule of plant genera and species for PVP.

The field tests of exited varieties are carrying out for establishment of D/B of characteristics for each crop.

Our country is processing the national procedure to join the member of UPOV in near future.

UPOV. 1996. International Convention for the Protection of New Varieties of Plants 1991, UPOV, Geneva

In the Republic of Korea, two different forms of protection are available for the protection of new plant varieties, namely a 'variety protection right' which is included in the Seed Industry Law (hereinafter referred to as 'Law') and its implementing regulations governed by Ministry of Agriculture and Forestry (hereinafter referred to as 'MAF'), and a patent granted pursuant to Article 31 of the Patent Law for asexually reproduced varieties which are new and distinct governed by Korean Industrial Property Office (hereinafter referred to as 'KIPO'). The Seed Industry Law of Korea is in conformity with the 1991 UPOV Convention. The Law enacted on December 6, 1995 was entered into force on December 31, 1997 and 57 botanical genera and species have been protected under the Law.

The persons entitled to variety protection are breeder or his successor. A variety protection applicant can file an application with the Minister of MAF comprising application and photographs and seed samples of a variety and the proof of payment of the application fee. The conditions for the protection of new variety of plant are Novelty, Denomination, Distinctness, Uniformity and Stability, which shall be examined by Examiner. The procedure of Plant Variety Protection (hereinafter referred to as 'PVP') are as follows; application, laying open, examination, publication, ruling of registration and issuance of certificate of PVPR.

A variety protection right holder shall have an exclusive right to exploit the protected variety commercially and industrially. But the effects of the variety protection right shall not extend to exploitation of the protected variety for self-consumption and for non-commercial purposes; exploitation of the protected variety for experimental and research purposes; and exploitation of the protected variety for the purpose of breeding other varieties. The variety protection right shall expire at the end of the twentieth; for trees and fruit trees, twenty-fifth year.

There are some implementing agencies, Variety Protection Appeal Committee which has functions to conduct trial and retrial proceedings on variety protection, and Seed Council which function is advice the Minister of MAF on the matters concerning development of seed industry, protection of PVP, National List etc. The National Seed Management Office (hereinafter referred to as 'NSMO'), as an implementing agency for the Law.

About 344 applications were filed to variety protection during 3 years form 1998 to April 2000. Employee breeder from governmental based institute and experimental station developed most of varieties.

Some articles of the Seed Industry Law are revising to meet the requirement of UPOV act which was amended by misunderstanding, and the guidelines for handling of GMO's in research, experiment and guideline for risk assessment and management of GMO's before release to the environment along to bio-safety protocol. One of the revising articles in the Law is involved in the management of germplasm, which will be supported by the Law to collection, evaluation, database, storage and distribution.