- Contents
- PART I PURPOSE AND DEFINITIONS OF THE LAW
- PART II PROTECTION OF THE RIGHTS OF THE BREEDER
- CHAPTER I SUBSTANTIVE LAW
- CHAPTER II CONDITIONS OF VARIETY PROTECTION AND VARIETY PROTECTION APPLICATIONS
- CHAPTER III EXAMINATION
- CHAPTER IV VARIETY PROTECTION FEES AND VARIETY PROTECTION REGISTRATION, ETC
- CHAPTER V THE VARIETY PROTECTION RIGHT
- CHAPTER VI PROTECTION OF THE VARIETY PROTECTION RIGHT HOLDER
- CHAPTER VII TRIAL
- CHAPTER VIII RETRIAL AND LITIGATION
- PART III VARIETY DENOMINATION
- PART IV MANAGEMENT OF VARIETY PERFORMANCE
- PART V CERTIFICATION OF THE SEED
- PART VI CIRCULATION OF THE SEEDS
- PART VII THE SEED FUND
- PART VIII SUPPLEMENTARY PROVISIONS
- PART IX PENAL PROVISIONS
- ADDENDUM
SEED INDUSTRY LAW
The Ministry of Agriculture and Forestry Republic 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
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 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
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 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
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
ADDENDUM
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
PART I PURPOSE AND DEFINITIONS OF THE LAW
Article
The Ministry of Agriculture and Forestry Republic 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
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 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
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 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
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
ADDENDUM
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
PART I PURPOSE AND DEFINITIONS OF THE LAW
Article
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
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
Contents
PART ONE PURPOSE AND DEFINITIONS OF THE LAW
PART TWO PROTECTION OF THE RIGHTS OF THE BREEDER
PART III VARIETY DENOMINATION
PART IV MANAGEMENT OF VARIETY PERFORMANCE
PART FIVE CERTIFICATION OF THE SEED
PART SIX CIRCULATION OF THE SEEDS
PART SEVEN THE SEED FUND
PART EIGHT SUPPLEMENTARY PROVISIONS
PART NINE PENAL PROVISIONS
ADDENDUM
PART I PURPOSE AND DEFINITIONS OF THE LAW
Article