当前位置: 政策法规 >法律法规

韩国种子产业法

2015-12-03来源:林业信息网

The Ministry of Agriculture and ForestryRepublic of Korea 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 21, 1999 under Law No. 5668 to be enforced as of July 1, 1999
Revised Text of the Seed Industry Law of January 26 2001 under Law No. 6374 to be enforced as of July 1, 2001- 2

Contents

PART ONE PURPOSE AND DEFINITIONS OF THE LAW
Article 1 Purpose of the Law
Article 2 Definitions
PART TWO PROTECTION OF THE RIGHTS OF THE BREEDER
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- 3 -
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- 4 -

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- 5 -
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

Retria

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 VARIETY DENOMINATION
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

PART IV MANAGEMENT OF VARIETY PERFORMANCE

Article 114 Plants to be entered in an Official Catalogue of Varieties
Article 115 Application for Entry in a Catalogue of Varieties- 6 -
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)
PART FIVE CERTIFICATION OF THE SEED
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

PART SIX CIRCULATION OF THE 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- 7 -

PART SEVEN THE SEED FUND

Article 149-157(Deleted)

PART EIGHT SUPPLEMENTARY PROVISIONS

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

PART NINE PENAL PROVISIONS

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