To be presented in the 3^rd Asian regional technical meeting for plant variety protection organized by UPOV in cooperation with MAF of government of Korea, from July 2-5 in Seoul. Korea.       Ó Dr. K.J. Choi

The Status of the Protection of New
Varieties of Plants in Korea

 Dr. Choi, Keun Jin

Examination Officer/National Seed Management Office/MAF, The Republic of Korea

Tel. +82-343-467-0190, Fax. +82-343-448-1216, E-mail : kjchoi@seed.go.kr

THE OUTLINE OF PLANT VARIETY PROTECTION IN KOREA
PLANT VARIETY PROTECTION SYSTEM
PROCEDURE OF APPLICATION AND REGISTRATION FOR PVP
EXAMINATION
THE VARIETY PROTECTION RIGHT
APPEAL
THE IMPORTANCE OF PVP IN KOREA
REFERENCES
LISTS OF PROTECTED SPECIES/GENUS

THE OUTLINE OF PLANT VARIETY PROTECTION IN KOREA

 1. Seed Industry Law

  The plant variety protection system along with the 1991 UPOV Act was introduced in Korea with the enactment of Seed Industry Law of 1997. This Law was composed 9 Chapter, 176 Article, 13 Addenda, and major provisions are protection for the new variety of plant, registration of variety denomination, management of variety performance, certification of the seed and control of the market seed, which was established and published on December 6, 1995, and last revised on January 26, 2001. 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 and seed certification.

  The National Seed Management Office(NSMO)/MAF has been set up as an implementing agency for the Plant Variety Protection in Korea, which was established as National Seed production and Distribution Office in 1974, and  reorganized and renamed as National Seed Management Office in 1998.

 2. Plant Patent

   Plant patents are available only for asexually reproduced or reproducible varieties that are new and distinct under the "The Korean Industrial Property Laws". It is prescribed in the rules of legislation of the article 31 that any person who invents a new and distinct variety of plant which reproduces itself asexually may obtain a plant patent therefor. The executing agency is division of agriculture, forestry and fishery of Korean Industrial Property Office (KIPO) located in Daejeon.

[Table 1] Difference between plant variety protections enacted with Seed Industry Law and plant patent enacted with Industrial Property Law for the protection of new varieties of plant in Korea.

3. 50th UPOV Member Country

  In 1999, the Government of Korea asked the UPOV Council to advise in respect of the conformity of Korean Seed Industry Laws with the Article 34 of 1991 UPOV Convention. UPOV Council sent to the Government of Korea of positive advice that the instrument of accession may be deposited. Korean government submitted amended Law to the parliament, and the Law was passed in January 2001. Subsequently, the Korean government deposited the instrument of accession of the 1991 UPOV Convention on December 7th, 2001 and was joined on January 7th, 2002 as a 50th member country of UPOV.

PLANT VARIETY PROTECTION SYSTEM

1. Plants to be protected

   Species or genus of the plants entitled to variety protection under this Law shall be determined in accordance with an Ordinance of the MAF. Now, there are 88 plant genera and species designated as plant variety protection by the Ordinance by the end of 2001, which was started from 27 plant genera and species in 1997, extended more 30 plant genera and species in May 1, 2000, and extended 31 plant genera and species on July 1, 2001. The specific list of plant genera and species is attached in appendix table 1 to 3.

2. Conditions of Variety Protection

   Protection shall be granted for a variety, provided such variety is: new, distinct, uniform,