WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPIN/IIKORIP/2 
16 March 2000 
(00-1072) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
REPUBLIC OF KOREA 
The present document reproduces the textl of the Seed industry Act and the Enforcement 
Decree of the Seed Industry Act, as notified by the Republic of Korea under Article 63.2 of the 
Agreement (see document IPINIlIKORlI). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETlt INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
REPUBLIQUE DE COREE 
Le present document contient le textel de la Loi sur l'industrie des semences et du Decret 
d'application y relatif, notifies par la Coree au titre de l'article 63:2 de l'Accord (voir le document 
IPINIlIKORlI ). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PA.RRAFO 2 
DEL ARTicULO 63 DEL ACUERDO 
REPUBLICA DE COREA 
En el presente documento se reproduce el textol de la Ley sobre la Producci6n de Semillas y 
de su Decreto de aplicaci6n, notificados por la Republica de Corea de conformidad con el parrafo 2 
del articulo 63 del Acuerdo (vease el documento IPINIlIKORlI). 
lIn English only'/En anglais seulement.lEn ingles solamente. IP/NI1 IKORlP/2 
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SEED INDUSTRY ACT 
Consol idated Text of the Seed Industry Act 
of December 6, 1995 under Act 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 Act 
of January 21, 1999 under Act No. 5668 
to be enforced as of July 1, 1999 
-TABALE OF CONTENTS -
PARTI PUBPOSEAND DEFINITIONS OF THE ACT ................................................................. 7 
Article 1 Purpose oftbe Act ........................................................................................................ 7 
Article 2 Definitions .................................................................................................................... 7 
PART..IL_PRQTECnON.llE.IHE.RlGHXS.'OE..THE.BREEDER ................ ................................... 8 
CHAPTER I S.UBSTANTlVEACT ............................................................................. ..................... 8 
Article 3 Variety protection Agent for Non-Residents ................................................................ 8 
Article 4 Scope of power of Attorney .......................................................................................... 8 
Article .. 5 ... __ .. Repre.s.entath:e_of.Plural.P.arties .................................................................................. 9 
Article 6 Extension of Time, Etc. ................................................................................................ 9 
Article 7 Amendment of Procedure ............................................................................................ 9 
Article 8 Invalidation of Procedure ........................................................................................... 10 
Article 9 Effective Date of Submitted Documents .................................................................... 10 
Article.10 .. _ . ...Mutatis.MlItandis.Applic.atian.of.f.a.ten.tAi:,t.and.Other.s .....•................................... 10 
CHAPTER II CONDITIONS OF VARIETY PROTECTION AND VARIETY PROTECTION 
APPLICATIONS ................................................................................................................................ 11 
Article 11 Plants Entitled to Variety protection ........................................................................ 11 
Article 12 Conditions of Variety protection .............................................................................. 11 
Article 13 Noyelty ...................................................................................................................... 11 
Artide.13=2 .. __ Yariet,y..f.ro.te.ctionJor.Knmv.n.y.anenes ................................................................ 12 
Article 14 Distinctnesl ............................................................................................................... 13 
Article 15 Uniformity ................................................................................................................ 13 
Article 16 Stability .................................................................................................................... 14 
Article.l7._Pe.rsom.Entitled.1o.Ya.rie.t,r..fJ:ote£.tion ..................................................................... 14 
Article 18 Capacity of Foreigners to Enjoy Rigbts ................................................................... 14 
Article 19 Application filed by an Unentitled Person; Protection of Entitled Person .............. 14 IP INIlIKOR/P/2 
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Article.2O" ....... .Yarie.tyJ~.r.ote£.tioD..of.U.nentitLe.(LPer.s.on~.P.r.ote£.tioD..of.E.ntitled.P.crsun ................. 15 
Article 21 First-to-File Rule ...................................................................................................... 15 
Article 22 Transfer of the Right to Obtain Variety Protection ................................................. 15 
Article 23 Succession to the Right to Obtain Variety Protection .............................................. 16 
ArticLc.2.4 ........ B.rce.ding.or .. OJb.crs.as.Part .. of.llu.ties .. of.a.PubJk.D.fficiaJ ........................................ 16 
Article 25 Remuneraton for Breeding or Others as Part of Duties of a Public Official.. ......... 17 
Article 26 Al'Illication for Variety Protection ........................................................................... 17 
Article 27 Priority Claiming ..................................................................................................... 17 
Arti£le.28. ....... P.ro£.essing.oflhe.AppJication ................................................................................... 18 
Arti£le.29. ........ Amcndment.hefure . .tb~ .. D.ccisiun.ofPubli.ca.tion ....................................................... 19 
Article 30 Amendment after the Decision of Publication ......................................................... 19 
Article 31 Change of Gist of the Application ............................................................................ 19 
Article 32 Quash of Amendment ............................................................................................... 20 
CHAPIE..R.lJl ....... EXAMLNATIQli .................................. .................................................................. 20 
Article 33 Examination by Examiner ....................................................................................... 20 
Article 34 Publication of the Application .................................................................................. 20 
Article 35 Examination of Applied Variety ............................................................................... 21 
Arti£le .. 3_6_ ...... .suhmissi.on.o.fMa.t~.rials ........................................................................................... 21 
Article 37 Rejection Ruling and Notification of Reasons Therefor .......................................... 21 
Article 38 Publication of the Application for Public Inspection ............................................... 22 
Article 39 Right to Pro\isionaJ Protection ................................................................................ 22 
Article ,*0 Exercise of the Right of Prmisional Protection and Suspension of Litigation 
Proceedings .................................................................................................................................... 22 
ArticLc.=U ... _ ... Oppositiunl0 .. G.ranLof.Yariety.ProJectiun ........................................•...................... 23 
Article 42 Amendments to Grounds for Opposition, Etc. ........................................................ 23 
Article 43 Ruling on Opposition ................................................................................................ 23 
Article 44 Decision of Rejection taken Ex Officio after Publication ......................................... 24 
Arti£leA5_._ ... Cunflict.in.AppJicatiom . .for_Yarie.ty_P.rote£.tion..{lp-P.osition ............•.•.•••..••.........••... 24 
Article 46 Decision on Grant of Variety Protection .................................................................. 24 
Article 47 Suspension of Examination or Litigation Proceedings ............................................ 25 
Article 48 Mutatis Mutandis Application of Patent Act ............................................................ 25 
CHAPIE..R.IY.. ....... YARlETY.PRQTEGTlQ1'1.EEESA1fD.YARlEIY.ER01KCTIQJYREfiISTRAT~ 
E.Tf:.. ....................................................... ............................................................................................. 25 
ArticLcA.!L ...... Yacicty.Pro.tf.ctio.ll.Ee.cs ............................................................................................. 25 
Article 50 Payment of Variety protection Fees after Expiration of the Payment Period ......... 26 
Article 51 Exemption of Variety protection Fees ...................................................................... 26 
Article 52 Refund of Variety protection Eees ........................................................................... 26 
Arti£le .. 5J. ...... _Yarie.ty.P.rote£.uon.Register ...................................................................................... 26 IP/N/IIKOR/P/2 
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Artkle __ S:I _________ Yar.ie.ty_P.l:otec.tion __ G_3Z_ette •.............................................•.....•.................................. 27 
CHAPTER V THE VARIETYPROTECTWNRIGHT .................................................................. 27 
Article 55 Registration of Establishment of the Variety Protection Right ............................... 27 
Article 56 Duration of the Variety Protection Right.. ............................................................... 27 
Articte_5.7 ________ Effects __ ofJhe_Yaxie.ty_Pr.otec.tion.Right .................................•................................•. 28 
Article 58 Scope of No Effect of the Variety Protection Right .................................................. 28 
Article 59 Exhaustion of the Variety Protection Right ............................................................. 28 
Article 60 Measures Restricting the Variety Protection Right ................................................. 29 
Article __ 6.1 _______ Iran.sfeLoHlle_YarietJyn.te_ction_Right ......................................................•........... 29 
.Artkle __ 6.2 _______ Ex.cLusire __ Licen.s_e ....................•....•...............................•.............•.............................. 29 
Article 63 Effects of Registration of the Variety Protection Right and Exclusive License ....... 30 
Article 64 Non-Exclusive License .............................................................................................. 30 
Article 65 Non-Exclusive License by ,jrtue of prior Use .......................................................... 31 
ArtideJi6. ______ Non::Exclusi:RLkense __ due_Jo_Exploitation_llrio_rJo __ Registration __ ofJ)emand_fnr_ 
Inl:alidation_Trial .........................................••............•................................•....................••..••........ 31 
Article 67 Non-Exclusive License subject to Transfer of the Variety Protection Right due to 
Exercise of Pledge .......................................................................................................................... 32 
Article 68 Arbitration Decision on Grant of Non-Exclusive License ....................................... 32 
Article 69 Transmittal of Written Request for Arbitration ...................................................... 33 
Article __ 7ll _______ Manner._ofArhitra.tion ........•.•..............••.............•...............•••.•••....•......................... 33 
Article __ 71 ________ TrarumittaloLCertified_C.ollieSJ1Lthe_Arbitxation_D.edsion •...................•••...•........ 33 
Article 72 Deposit of Remuneration .......................................................................................... 33 
Article 73 Lapse and Cancellation of Arbitration Decision ...................................................... 34 
Article 74 Restriction on Objection to Arbitration Decision .................................................... 34 
ArtkklS ______ EffecJ.s __ ofRegis.trlttioRofN_on::-Ex.dusire._Lkens.e ............•..•••..•......................•••...... 34 
Article 76 Restriction on Abandonment of the Variety Protection Right and Others .............. 35 
Article 77 Effects of Abandonment ........................................................................................... 35 
Article 78 Pledge ....................................................................................................................... 35 
Article_.79 _____ .suhrngatinn_of_the...PledgeJlight ...................•.............•.•......•................•................•. 35 
Article 80 Cancellation of the Variety Protection Right ........................................................... 36 
Article 81 Extinguishment of the Variety protection Rigbt in ahsence of Successor ............... 36 
Article 82 Report on Exploitation of the Variety Protection Right .......................................... 36 
Article 83 Mairitenance Obligation of the Protected Variety .................................................... 36 
CHAPIERJ::L _____ PROIECTIO]YfJEIHEYARIElY._PRQTECIlOJi.R1GHTHOLllER ................ 36 
Article 84 Injunction and Prevention against Iufringement ..................................................... 37 
Article 85 Acts deemed to be Infringement .............................................................................. 37 
Article 86 Right to Claim Compensation for Damage .............................................................. 37 
Article--Bl _____ :P..resumlltionJ1LN.egligence •.........••..........•••...............••.••...•••.•........•.••.••.•.•......•••••..•. 37 IP/N/l/KORlP/2 
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ArticleJ!8. ....... Rc.cm:er.): .. of.Reputa.tioD..of.Yariet}" . .Pmte.cti.on.Right.fioldeco.t.Exclush.:e..Lke.ns.ee37 
Article 89 Marking of Variety Protection ................................................................................. 38 
Article 90 Prohibition of False Marking ................................................................................... 38 
CHAPTER VII TRlAL .............................................................. ..................................................... 38 
ArticLe..9.1. ...... Yariet}" . .P.rote.ctio.n.TrialCommitte.e ....................................•..............•..................... 38 
Article 92 Trial against Quash of Amendment ......................................................................... 38 
Article 93 Trial against Rejection Ruling .................................................................................. 39 
Article 94 Invalidation Trial of Variety Protection ................................................................... 39 
Article.9.5 ........ --Manner..of..Demandi~a .. Tr.ial ...................................................•.............................. 39 
Article.9.6 ......... T.r.iaLMemhe.r. ................................................................••..................•...................... 40 
Article 97 Des.ignation of Trial Members .................................................................................. 40 
Article 98 Collegial System in Trial .......................................................................................... 40 
Article 99 Mutatis Mutandis Application of Provisions on Examination to Trial ..................... 40 
ArticLe..l00 ........ Mutatis.Mut.andis.AppJication..of.Patent.Ac t .......................................................... 41 
CHAPTER VIII RETRIAL AND LITIGATWN ............................................................................ 41 
Article 101 Demand for Retrial ................................................................................................. 41 
Article 102 Demand for Retrial against Fraudulent Trial Decision ......................................... 42 
Article.lo.3 ... _ ... Restriction.on..Effects .. oLYariet)' . .Pmte.ctinn.Right.Res.tor.e.d.by .. Re.trial ..........•.•... 42 
Article 104 Non-Exclusive License for Prior User of Variety Protection Right Restored by 
Retrial ............................................................................................................................................ 42 
Article 105 Appeal to Patent Court ........................................................................................... 42 
Article 106 Action against Decision on Amount of Remuneration ........................................... 43 
Article 107 Mutatis Mutandis Application of Patent Act and Others ....................................... 43 
PART.IIl ...... J!'ARlETY..DENQM.INATION ........................................................................................ 43 
Article 1 08 Variety· Denomination ............................................................................................. 44 
Article 109 Requirements for Variety Denomination Registration .......................................... 44 
Article 110 First-to-File Rule .................................................................................................... 44 
Article.l11._ ... Re.gis.tration.P.r.oc.edw:e_olYariety .. D.enomination ....•............•......................•••••.•... 45 
Article 112 Use of the Variety Denomination ............................................................................ 46 
Article 113 Cancellation of a Denomination ............................................................................. 46 
PARTIV MANAGEMENT OF VARIETY PERFORMANCE ....................................................... 47 
ArticLe.114 ... _ .. .Plants . .tn.he.Entere.d.in.an.OfficiaLCataLogue..oI_Yarieties ..•...•.........••....••.•••••....... 47 
ArticLe.llS ...... _AppJication.for..Entry .. in_a..CataLogue.nf.Yarietie.s ...••..........•.......•................•••••••... 47 
Article 116 Examination of the Variety for which Entry in a Catalogue of Varieties is Applied 
.........•........•....••.•........•....•••••••••....•.........•.••......•.•.••.......•..•••.......•.•.............•••.........•..........•...•.•.•.•..• 47 
Article 117 Publication of the Variety Entered in a Catalogue of Varieties .............................. 48 
Article 118 Duration of the Entry in a Catalogue of Varieties .................................................. 48 
Article..l19. .. __ .Canc.ellation.of.th.e.Entqjn.a.Catalo.gue .. olYark.ties .••...••••...............•..•...........•..• 48 IP INIlIKORIP /2 
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Artic1e . .120 ........ Maintenanc.e .. of.a.Gatalogue .. ofYarie.tics .............•.•..•..........•.................................. 49 
Article 121 Production of the Seed of a Variety Entered in a Catalogue of Varieties .............. 49 
Article 122 Management of Maintenance of the Variety Entered in a Catalogue of Varieties. 49 
Article 123 Order to Prohibit Cultiyation ................................................................................. 49 
PART .. v.. ........ CERIIFICATION.OE.THE.SEED .................................................................................. 49 
Ar.ticle 114 Classification of Seed Certification ........................................................................ 49 
Article 125 Objects of National Certification ........................................................................... 50 
Article 126 Objects of Internal Certification ............................................................................ 50 
Artkle . .127. ....... Qualit1catioDS .. ofSe.ed.QualitJ.Manager.s ............................................................... 50 
Article . .128. ........ FieldInsl>.ection ...................................................................................................... 51 
Article 129 Field Conditions for Seed Production .................................................................... 51 
Article 130 Seed Examination and Re--Examination ................................................................. 51 
Article 131 Indication of Certification ...................................................................................... 51 
ArticJ.e.132 ...... J])eleterl) ...............•......................................................................................••.......... 52 
Article 133 Issuance of a Certificate ......................................................................................... 52 
Article 134 Control Examination .............................................................................................. 52 
Article 135 Effects of the Certification ...................................................................................... 52 
Artic1e . .13.6 ...... _CertificatiollIndic.atiD.n.oLUnpackerl.S.e.eds ......•••..........•.••...............•...........•......•• 52 
PART J/l CIRCULATJONOF TBESBEDS .................................................................................. 52 
Article 137 Registration of Seed Business ................................................................................. 53 
Article 138 Semng and Distribution of the Seeds ..................................................................... 53 
Article 139 Cancellation of the Registration of Seed Business ................................................. 54 
Article..14!l ....... lnlpo.rt .. and.EXIl.ort .. ofthe.Se.eds .•......................................•.......••...•••.•............••...•• 54 
Article 141 Adaptability Test of Imported Seeds ...................................................................... 55 
Article 142 Recommendation of Import of the Variety ............................................................ 55 
Article 143 Indication of Quality of the Circulated Seeds ........................................................ 55 
Article . .1:l4 ... _!D.eLet.e.dl .............................•••.•.........••.........................•••..•..•.....•...•••••.•................... 55 
Article 145 Circulation Inspection, Etc. of the Seeds ................................................................ 56 
..... A ..... rt .... i""cl ... e .... 1~46"---->,.I(D ... e...,le ..... t""ed....,,) .................................................................................................................. 56 
Article 147 Kecping the Seed Samples ...................................................................................... 56 
Article.148_ ... _Disp.llt.e.s.Gonc.erning..Circulaterl.Se.eds ......................••••...............••••••..•..........•.•.•• 57 
PART J/lJ THE SEED FUND ................................................................................. ....................... 57 
Article 149 Establishment of the Seed Fund ............................................................................. 57 
Article 150 Composition of the Fund ........................................................................................ 57 
Article 151 Borrowing of the Fund ........................................................................................... ·58 
Articlill2. ___ UtiUZ.atioll.anrl . .Management.Df.the..Fund •....••..•........••••......................••••.....••••••.•• 58 
Article 153 Classified Accounting ............................................................................................. 58 IP/N/IIKORlP/2 
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Article.15..J. ...... Jlsage .. ofJheJ3:llnd ................................................•...............•..................•............•.. 58 
Article 155 Accounting Agency of the Fund ............................................................................. 58 
Article 156 Collection of SUPllOrting Fund and Loans ............................................................. 59 
Article 157 Supen·ision and Order ........................................................................................... 59 
PART.YllL ...... SUPPLEMENTARY.PROYISIONS .................... ......................................................... 60 
Article 158 Seed Council ........................................................................................................... 60 
Article 159 Hearing ................................................................................................................... 60 
Article 160 Official Fees ............................................................................................................ 60 
Articlc.16.1 ....... E.xcmp.tion .. of..Offlc.iaI.F.ecs ..........................................•.......................................... 61 
Article.16.2 ........ Refllnd.of..OfficiaLEec.s ..........•................................................................................ 61 
Article 163 Language Used ....................................................................................................... 61 
Article 164 Storage, Etc. of the Documents ................................................... ~ ........................... 61 
Article 165 Development of Seed Industry ............................................................................... 62 
ArticLe.16.6 ........ .Entrustment.and.ConsignmcllLofJhe.Authority .....•..........•................................•. 62 
Article 167 Relationship with Other Act Prmjsions ................................................................. 62 
Article 168 Mutatis Mutandis Application of Patent Act .......................................................... 63 
B4RTTX PENAL PROVISIONS ............................................................. ....................................... 63 
Articlc.l.6.2 ........ 0ffensc .. QfJnfringement ...................................•.•.......................•...........••.........••.•. 63 
Article 170 Offense of Perjury .................................................................................................. 63 
Article 171 Offense of False Marking ....................................................................................... 63 
Article 172 Offense of Dhlllging Secrets ................................................................................... 64 
Article 173 Offense of Non-Registration of the Seed Business ................................................. 64 
ArticLc.174 ....... D.uaLLiahility ....................•.........•................................••......•.................................• 65 
Article 175 Confiscation ............................................................................................................ 65 
Article 176 Administrative Fine ................................................................................................ 65 
ADDENDUM .................................................. ...............•.................................................................... 66 
AJ)J)ElYJ).UM.:5.Q.SI.(!.8.!9..fi':? •.....................•........•••........••••...................•..••••....•..••••..............•.••.......••••.•• 70 
ADDENDUM <121.12/96> ....................................................................... ............................................ 70 
ADDENDUM <12fl3!97> ................................................................. .................................................. 70 
ADDENDUM <Olal/99> ................................................................... ................................................ 70 IPINIlIKOR/P/2 
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PART I PURPOSE AND DEFINITIONS OF THE ACT 
Article 1 Purpose of the Act 
The purpose of the Act 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, seed production, certification, marketing, etc. 
Article 2 Definitions 
For the purposes of this Act: 
(i) "Seed industry" means doing business in connection with breeding, 
propagation, production, processing, assignment, leasing, export, import, or 
display of the seeds; 
(ii) "crops" mean all plants which are raised for the production of farm 
products, forest products, or marine products; 
(iii) "seed" means a seed, a mushroom spawn, or vegetative material used for 
the propagation or cultivation of plants; 
(iv) "variety" means a plant grouping within a single botanical taxon of the 
lowest known rank, which grouping can be distinguished from any other plant 
grouping by the expression of at least one of the characteristics, and 
considered as a unit with regard to its suitability for being propagated 
unchanged; 
(v) "breeder" means the person who has bred, or developed from discovery, a 
variety; 
(vi) "variety protection right" means the right granted to a person who is 
entitled to have variety protection pursuant to this Act; 
(vii) "variety protection right holder" means the holder of a variety protection 
right; 
(viii) "protected variety" means the variety which is the subject matter of a 
variety protection right meeting the requirements for variety protection defined 
by this Act; 
(ix) "exploiting" means an act of propagating, producing, processing, 
assigning, leasing, exporting, importing, or offering for sale (including 
displaying for assignment or lease) of the seeds to be protected; 
(x) "variety performance" means ability for a variety to produce its value in 
cultivation and usage of more than the level defined by this Act; 
(xi) "certified seed" means the seed at each production stage of which identity, 
genetic purity, and quality are certified by this Act; 
(xii) "seed quality manager" means the person who is entitled by this Act to 
certify the seeds produced by seed traders for their marketing, export, or 
import; 
(xiii) "seed business" means doing business in the production and marketing 
of the seeds; IPIN/1IKORlP/2 
Page 9 
(xiv) "seed merchant" means the person who practices seed business 
pursuant to this Act; 
(xv) (Deleted) 
(xvi) (Deleted) 
PART 11 PROTECTION OF THE RIGHTS OF THE BREEDER 
CHAPTER I SUBSTANTIVE ACT 
Article 3 Variety Protection Agent for Non-Residents 
(1) A person who has neither a domicile nor a place of business in the 
Republic of Korea (hereinafter referred to as a "non-resident") may not, 
except for the cases that an application for registration under Paragraph (3) 
has been made, or a Presidential Decree otherwise prescribes, initiate any 
procedure relating to variety protection defined by the Ministry of Agriculture 
and Forestry or the Variety Protection Examination Committee (hereinafter 
referred to as "Examination Committee") under Paragraph (1) of Article 91 
(hereinafter referred to as a "procedure for variety protection"), nor appeal 
against any decision taken by an administrative agency in accordance with 
this Act or any decree thereunder, unless he is represented by an agent with 
respect to his variety protection who has an address or place of business in 
the Republic of Korea (hereinafter referred to as a "variety protection agent"). 
(2) The variety protection agent shall, in addition to the powers specially 
conferred on him, represent the principal in all procedures relating to variety 
protection and in any appeal against a decision taken by an administrative 
agency in accordance with this Act or any decree thereunder. 
(3) If a non-resident is the holder of a variety protection right or has a 
registered right in variety protection, the appointment or change of his variety 
protection agent, or the grant of a power of attorney or the revocation thereof, 
shall not be effective against any third party unless it is registered. 
(4) When a non-resident intends to register the establishment of a variety 
protection right, he shall appoint and register a variety protection agent, for 
the duration of the variety protection right. 
Article 4 Scope of Power of Attorney 
An agent of a person who is domiciled or has his place of business in the 
Republic of Korea, and who is instructed to initiate a procedure relating to 
variety protection shall not, unless expressly so empowered, do anyone of 
the actions of: 
(i) amendment, abandonment or withdrawal of an application for variety 
protection; IP/N/IIKORlP/2 
Page 10 
(ii) request for an application or withdrawal of such application; 
(iii) request for priority claim under Paragraph (1) of Article 27 or withdrawal 
of such claim; 
(iv) demand for a trial under Article 92 or 93; and 
(v) appointment of a sub-representative. 
Article 5 Representative of Plural Parties 
(1) Where two or more persons jointly initiate a procedure relating to variety 
protection, each of them shall represent the joint initiators except for actions 
falling under Items (i) through (iv) of Article 4; however, this provision shall not 
apply where those persons have appointed a common representative and 
notified the appointment of the representative to the Minister of the Ministry of 
Agriculture and Forestry (in case of Item (iv), to the Committee Chairman of 
the Variety Protection Examination Committee under Paragraph (2) of Article 
91 (hereinafter referred to as "Examination Committee Chairman")). 
(2) Where the common representative has been appointed and notified as 
referred to in proviso of Paragraph (1), written proof of the fact that the 
representative has been appointed shall be presented. 
Article 6 Extension of Time, Etc. 
(1) The Minister of the Ministry of Agriculture and Forestry or the Examination 
Committee Chairman may, for the benefit of the persons residing in a place 
that is remote or difficult to access, extend upon request or ex officio, the 
period for presenting amendments to the grounds for opposition against 
variety protection under Article 42, or the period for demanding a trial under 
Article 92 or 93. 
(2) The Minister of the Ministry of Agriculture and Forestry, the presiding 
examiner under Paragraph (3) of Article 97 (hereinafter referred to as 
"presiding examiner"), or the examiner under Article 33 (hereinafter referred 
to as "examiner") may, where a time limit for a procedure relating to variety 
protection to be initiated under the Act has been designated, extend the time, 
upon request or ex officio. 
(3) The presiding examiner or examiner may, when a date for a procedure 
relating to variety protection to be initiated has been designated under this 
Act, change the date, upon request or ex officio. 
Article 7 Amendment of Procedure 
The Minister of the Ministry of Agriculture and Forestry or the presiding 
examiner may order correction of a procedure relating to variety protection, 
designating a time limit if such procedure falls under any of the following 
items: IP/N/1IKORlP/2 
Page 11 
(i) where the procedure has not complied with the provisions of Article 4 of 
this Act or Paragraph (1) of Article 3 of the Patent Act applied under Article 10 
of this Act; 
(ii) where the procedure has not complied with the formalities specified in this 
Act or an order under this Act; and 
(iii) where fees required in accordance with Article 160 have not been paid. 
Article 8 Invalidation of Procedure 
(1) The Minister of the Ministry of Agriculture and Forestry may invalidate a 
procedure relating to variety protection when a person who has been advised 
to make an amendment in accordance with Article 7 fails to do so within the 
time limit designated. 
(2) If the procedure relating to variety protection is invalidated in accordance 
with Paragraph (1), but the expiry of the time limit is deemed to be due to a 
natural disaster or unavoidable circumstances, the Minister of the Ministry of 
Agriculture and Forestry may withdraw the invalidation upon a request made 
within fourteen (14) days from the day on which the reasons for the delay 
ceased to exist or within one (1) year following the expiry of the time limit. 
Article 9 Effective Date of Submitted Documents 
(1) Application, demands or other documents (including articles, the same 
applying hereinafter) submitted to the Minister of the Ministry of Agriculture 
and Forestry or the Examination Committee Chairman under the provisions of 
this Act, or any decree thereunder, shall have effect as of the date on which 
they are delivered to the Minister of the Ministry of Agriculture and Forestry or 
the Examination Committee Chairman. 
(2) Where applications, demands or other documents are submitted by mail 
to the Minister of the Ministry of Agriculture and Forestry or the Examination 
Committee Chairman, they are deemed to be delivered to the Minister of the 
Ministry of Agriculture and Forestry or the Examination Committee Chairman 
on the date indicated on the date stamp by the mail service, if the date 
stamped is clear; however, if such date stamp is unclear, they are deemed to 
be delivered on the date when the mail was submitted to a post office (as 
shown by a receipt thereof). 
(3) Details concerning the submission of documents with regard to the delay 
of mail, loss of mail, or interruption of mail service, other than the provisions 
of Paragraphs (1) and (2), shall be prescribed by the Ordinance of the 
Ministry of Agriculture and Forestry. 
Article 10 Mutatis Mutandis Application of Patent Act and Others 
To the procedure relating to variety protection, the provisions of Articles 3, 4, IPINIlIKOR/P/2 
Page 12 
7,8, and 9, Paragraphs (1), (2), and (4) of Article 10, Articles 13, 14, and 17 
through 24 of the Patent Act as well as Paragraph (2) of Article 54, Articles 55, 
59, 80, 83, 85, and 87 of the Code of Civil Procedure shall apply. In this 
case, "the location of the Korean Industry Property Office" in Article 13 of the 
Patent Act shall be regarded as "the location of the Ministry of Agriculture and 
Forestry," and "(3) of Article 132 and (4) of Article 132" in Article 17 of the 
Patent Act shall be regarded as "Articles 92 and 93." 
CHAPTER 11 CONDITIONS OF VARIETY PROTECTION AND 
VARIETY PROTECTION APPLICATIONS 
Article 11 Plants Entitled to Variety Protection 
Species or genus of the plants entitled to variety protection under this Act 
shall be determined in accordance with an Ordinance of the Ministry of 
Agriculture and Forestry. 
Article 12 Conditions of Variety Protection 
Protection shall be granted for a variety, provided such variety is: 
(i) new, 
(ii) distinct, 
(iii) uniform, 
(iv) stable, and 
(v) the subject of a denomination established pursuant to the provisions of 
Paragraph (1) of Article 108. 
Article 13 Novelty 
(1) The variety is new under Paragraph (1) of Article 12 of this Act if, at the 
date of filing of the application pursuant to Paragraph (2) of Article 28 (or, 
where relevant, at the priority date pursuant to Paragraph (1) of Article 27), 
propagating material or harvested material of the variety has not been 
assigned, by or with the consent of the breeder, for purposes of exploitation 
of the variety, 
(i) in the territory of the Republic of Korea for longer than one (1) year (or, 
in case of trees and fruit trees, for longer than six (6) years), and 
(ii) in a territory other than that of the Republic of Korea for longer than four 
(4) years(or, in case of trees and fruit trees, for longer than six (6) years). 
(2) Notwithstanding the provisions in Paragraph (1), novelty under Item (i) of 
Article 12 shall not be lost through an assignment to others, 
(i) which is the result of an abuse to the detriment of the breeder of the propagating or harvested materials; IP /N/l/KORIPI2 
Page 13 
(ii) which forms part of an agreement for the transfer of the right in the 
variety; 
(iii) which forms part of an agreement under which a third party increases 
the supplies of propagating material of the variety concerned on behalf of the 
breeder, provided that the multiplied supply comes again under the control of 
the breeder; 
(iv) which forms part of an agreement under which a third party undertakes 
field tests or laboratory trials, or small-scale processing trials, with a view to 
evaluating the variety; 
(v) which forms part of the fulfilment of a statutory or administrative 
obligation, in particular concerning biological conservation or the entry of 
varieties in an official catalogue of varieties admitted to trade (hereinafter 
referred to as a "catalogue of varieties") in accordance with Article 114; or 
(vi) which involves harvested material being a by-product or a surplus 
product of the creation of the variety or of the activities referred to in items (iii) 
to (v) of this Article, provided that said material is assigned without variety 
identification. 
Article 13-2 Variety Protection for Known Varieties 
(1) Among the varieties which have been known at the time of prescribing 
species or genus of the plants to be entitled to variety protection under an 
Ordinance of the Ministry of Agriculture and Forestry under Article 11, 
notwithstanding Paragraph (1) of Article 13, a variety falling under any of the 
following items shall be entitled for variety protection under this Act, where an 
application for variety protection thereof is filed within one (1) year from the 
enforcement date of this Act: 
(i) a variety of a superior seed specified under Article 2 of the previous 
Main Crops Seed Act; 
(ii) a variety which has been registered under Paragraph (2) of Article 45 of 
the Forestry Act; 
(iii) a variety of which establishment of the variety protection right has been 
registered in a foreign country; and 
(iv) a variety for which identification of the breeder and initial circulation 
date can be verified. 
(2) The duration of the variety protection right for a protected variety under 
Paragraph (1) shall be calculated from the date falling under any of the 
following items; however, where the variety falls under two (2) or more items, 
the earlist date shall be used: 
(i) the date of being rendered a ruling of the Variety Committee under the 
previous Main Crops Seed Act, if the variety falls under Item (i) of Paragraph 
(1 ); 
(ii) the date of the registration of the variety, if the variety falls under Item 
(ii) of Paragraph (1); 
(iii) the date of the registration of establishment of the variety protecton IP/NI1 IKOR/P/2 
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right of the variety, if the variety falls under Item (iii) of Paragraph (1); and 
(iv) the date of initial circulation of the variety, if the variety falls under Item 
(iv) of Paragraph (1). 
(3) Among the varieties falling under any of the Items in Paragraph (1), the 
effect of the variety protection right of which establishment has been 
registered under Paragraph (1) of Article 55 shall not be extended to any 
exploitation that has been initiated before the filing of an application for 
variety protection of the variety. 
(4) Where variety protection has been granted under Paragraph (1), a person, 
who has been exploiting the protected variety or has been making 
preparation thereof, in the Republic of Korea, prior to the filing date of an 
application for variety protection, shall have a non-exclusive licence on that 
variety protection right, but such non-exclusive licence shall be limited to the 
purpose of commercial and industrial exploitation of the protected variety, 
which is being made or for which preparations have been made. In this case, 
the non-exclusive licensee shall pay an adequate remuneration as 
consideration to the variety protection right holder. 
(5) Paragraph (2) of Article 75 shall apply mutatis mutandis to matters 
concerning the non-exclusive licence under Paragraph (4). 
Article 14 Distinctness 
(1) The variety is distinct in accordance with Item (ii) of Article 12, if it is 
clearly distinguishable from any other variety whose existence is a matter of 
common knowledge at the time of the filing of the application pursuant to 
Paragraph (2) of Article 28 (or, where relevant, at the priority date pursuant to 
Paragraph (1) of Article 27). 
(2) Common knowledge in the above item may be established by reference to 
various factors such as any of the following items; however, common 
knowledge established against intent of the entitled breed is excluded: 
(i) circulation of the variety already in progress, 
(ii) grant of a breeder's right in the variety, 
(iii) entry of the variety in a catalogue of varieties admitted to trade, and 
(iv) entry in the register of varieties kept by a professional association 
recognized by the Ministry of Agriculture and Forestry. 
(3) In case of Items (ii) or (iii) of the above Paragraph (2), the filing, in any 
country, of an application for a breeder's right or for entry in a catalogue of 
varieties admitted to trade shall be deemed to render the variety being the 
subject of the application a matter of common knowledge from the date of the 
application, provided that the application leads to the granting of the 
breeder's right or the entry in the catalogue, as the case may be. However, 
a variety which is not entitled to protection or not entered in a catalogue of 
varieties under this Act is excluded. 
Article 15 Uniformity IP /N/l/KORlP /2 
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The variety is uniform under Item (iii) of Article 12 if it is sufficiently uniform in 
its basic characteristics. 
Article 16 Stabil ity 
The variety is stable under Item (iv) of Article 12 if its basic characteristics 
remain unchanged after repeated propagation (or, in case of a particular 
cycle of propagation such as F1 hybrid, at the end of each such cycle). 
Article 17 Persons Entitled to Variety Protection 
(1) The entitlement to the breeder's right shall be vested in the breeder or his 
successor in accordance with this Act. 
(2) Where two or more persons have bred, or discovered and developed, a 
variety jointly, the entitlement to protection shall be vested in them jointly. 
Article 18 Capacity of Foreigners to Enjoy Rights 
Foreigners who have neither a domicile nor a place of business in the 
Republic of Korea shall not enjoy variety protection rights or other rights 
relating to a variety, except as provided for in anyone of the following items: 
(i) where their country allows nationals of the Republic of Korea to enjoy 
variety protection rights or other rights relating to a variety under the same 
conditions as its own nationals; 
(ii) where their country allows nationals of the Republic of Korea to enjoy 
variety protection rights or other rights relating to a variety under the same 
conditions as its own nationals in the case that the Republic of Korea allows 
their country's nationals to enjoy variety protection rights or other rights 
relating to a variety; or 
(iii) where they may enjoy variety protection rights or other rights relating to a 
variety according to a treaty or equivalents of a treaty (hereinafter referred to 
as a "treaty"). 
Article 19 Application filed by an Unentitled Person; Protection of Entitled 
Person 
If a variety protection can not be granted because of an application having 
been filed by a person who did not have the right as a successor in title or 
who has misappropriated such right (hereinafter referred to as an "unentitled 
person"), a subsequent application filed by the Actful holder of the right shall 
be deemed to have been filed on the date of filing of the first application filed 
by the unentitled person. This provision shall not apply, however, if the IPINIlIKORlP/2 
Page 16 
subsequent application is filed by the Actful holder of the right more than 
thirty (30) days after the first application by the unentitled person was not 
accepted under Item (ii) of Article 38, or more than sixty (60) days after its 
date of publication. 
Article 20 Variety Protection of Unentitled Person; Protection of Entitled 
Person 
If a variety protection is invalidated under the provIsions of Item (ii) of 
Paragraph (1) of Article 94, a subsequent application filed by the Actful holder 
of the right shall be deemed to have been filed on the date of filing of the 
application which led to the grant of the variety protection that was 
invalidated; however, this provision shall not apply if the subsequent 
application is filed more than two (2) years after the date of publication of the 
first application or more than thirty (30) days after the decision to invalidate it 
became final. 
Article 21 First-to-File Rule 
(1) Where two or more applications relating to the same variety are filed on 
different dates, only the applicant filing the application having the earlier filing 
date may obtain a variety protection for the variety. 
(2) Where two or more applications relating to the same variety are filed on 
the same date, only the person agreed upon by all applicants (hereinafter 
referred to as a "variety protection applicant") after consultation may obtain a 
variety protection for the variety and, if no agreement is reached or no 
consultation is possible, none of the applicants shall obtain a variety 
protection for the variety. 
(3) Where a variety protection application is invalidated or withdrawn, such 
application shall, for the purposes of Paragraph (1) or (2), be deemed never 
to have been filed. 
(4) A variety protection application filed by a person who is not the breeder, 
the creator, nor the successor in title to the right to obtain a variety protection 
shall, for the purposes of Paragraph (1) or (2), be deemed never to have 
been filed. 
(5) The Minister of the Ministry of Agriculture and Forestry shall, in the case 
provided for in Paragraph (2), order the applicants to notify him of any 
agreement they have concluded, and to report to him the terms thereof. If 
such a report is not submitted within the period designated, the applicants 
shall be deemed not to have concluded an agreement within the meaning of 
Paragraph (2). 
Article 22 Transfer of the Right to Obtain Variety Protection (1) The right to obtain a variety protection may be transferred. IP/N/l/KORlP/2 
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(2) The right to obtain a variety protection shall not be the subject of a pledge. 
(3) In case of joint ownership of the right to obtain a variety protection, a joint 
owner shall not assign his share without the consent of all other joint owners. 
Article 23 Succession to the Right to Obtain Variety Protection 
(1) The succession to the right to obtain a variety protection before the filing 
of the variety protection application shall not be effective against third 
persons unless the successor in title files the variety protection application. 
(2) Where two or more applications for a variety are filed on the same date on 
the basis of a right to obtain a variety protection for the same variety derived 
by succession from the same person, the succession to that right to obtain 
the variety protection by the person agreed upon by all variety protection 
applicants shall be effective. 
(3) The succession to the right to obtain a variety protection after the filing of 
the variety protection application shall not be effective unless the applicant 
files a notice of change of applicant, except for the case of inheritance or 
other general succession. 
(4) Upon inheritance or other general succession with respect to the right to 
obtain a variety protection, the successor in title shall notify the Minister of the 
Ministry of Agriculture and Forestry accordingly without delay. 
(5) Where two or more notifications are made on the same date, on the basis 
of a right to obtain a variety protection for the same variety that has been 
derived by succession from the same person, a notification made by the 
person agreed upon after consultations among all persons who made 
notifications shall be effective. 
(6) Paragraph (5) of Article 21 shall apply mutatis mutandis to the cases 
under Paragraphs (2) and (5). 
Article 24 Breeding or Others as Part of Duties of a Public Official 
(1) A variety protection right entitled to a public official shall pass to the 
Government or a District Self-Ruling Entity, where a variety which has been 
bred, or discovered and developed by a public official, by reason of its nature, 
falls within the scope of the Government or the District Self-Ruling Entity, and 
an act or acts of breeding, discovery, or development of the variety were part 
of the present or past duties of the public official. 
(2) The disposal and management of the variety protection right which has 
passed to the Government in accordance with Paragraph (1) shall be 
governed by the Minister of the Ministry of Agriculture and Forestry, 
notwithstanding Article 6 of the National Property Act. 
(3) The disposal and management of the variety protection right under 
Paragraph (2) which has passed to the Government shall be prescribed by a 
Presidential Decree. IP /N/l/KORlP/2 
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Article 25 Remuneraton for Breeding or Others as Part of Duties of a Public 
Official 
(1) If the Government or a District Self-Ruling Entity succeeds to the variety 
which has been bred, or discovered and developed by a public official in 
accordance with Paragraph (1) of Article 24, the Government or the District 
Self-Ruling Entity shall provide reasonable remuneration to the public official 
for it. 
(2) The standards for remuneration, payment method thereof, and other 
matters relating to the remuneration under the above Paragraph (1) shall be 
prescribed by a Presidential Decree. 
Article 26 Application for Variety Protection 
(1) A variety protection applicant shall file, in the prescribed manner, an 
applciation with the Minister of the Ministry of Agriculture and Forestry. The 
application shall comprise the following elements: 
(i) the name and address of the applicant (in case of a legal entity, the title, 
place of business and the name of its representative); 
(ii) the name and address, or place of business, of the agent, if any; 
(iii) the name and address of the person who bred, or discovered and 
developed, the variety (if that person is not the applicant); 
(iv) the identification of the botanical taxon (Latin and common name); 
(v) the denomination proposed for the variety, or a provisional designation; 
(vi) the filing date; 
(vii) matters prescribed in Paragraph (3) of Article 27 (where the priority of 
an earlier application is claimed); 
(viii) a technical description of the variety and a procedural description of 
the variety breeding; 
(ix) photographs and samples of a variety; and 
(x) the proof of payment of the application fee. 
(2) Where the entitlement to a variety protection is vested in the joint 
breeders in accordance with Paragraph (2) of Article 17, all joint breeders 
shall file an application jointly. 
(3) Matters relating to the technical description of the variety and a procedural 
description of the breeding shall be prescribed by a Presidential Decree. 
Article 27 Priority Claiming 
(1) If a national of one of the countries which recognizes a right of priority for 
a variety protection application filed by a national of the Republic of Korea, 
claims the right of priority for a variety protection application in the Republic of 
Korea on the basis of the first application for the same variety in his country IPINIlIKORlP/2 
Page 19 
or in one of said countries, the filing date of the first application in the foreign 
country shall be deemed to be the filing date in the Republic of Korea for the 
purpose of Article 21. Where a national of the Republic of Korea has filed a 
variety protection application in a country which recognizes the right of priority 
for variety protection applications filed by nationals of the Republic of Korea, 
and claims the right of priority for a variety protection application in the 
Republic of Korea on the basis of the first application for the same variety in 
said country, this provision shall also apply. 
(2) A person intending to claim the right of priority in accordance with 
Paragraph (1) shall file the variety protection application claiming the right of 
priority within one (1) year from the filing date of the first application. 
(3) A person intending to claim the right of priority in accordance with 
Paragraph (1) shall specify such claim, the name of the country in which the 
first application was filed and the filing date of such applciation in the variety 
protection application which he files in the Republic of Korea. 
(4) A person who has claimed the right of priority in accordance with 
Paragraph (3) shall submit, within thirty (30) days from the filing date referred 
to in Paragraph (2) of Article 28, a copy of the documents which constitute 
the first application, certified to be a true copy by the authority with which that 
application was filed. 
(5) A person who has claimed the right of priority in accordance with 
Paragraph (3) shall be entitled to request the Minister of the Ministry of 
Agriculture and Forestry that the examination of the variety be deferred by up 
to three (3) years from the date of filing of the first application. Upon receiving 
such reqeust, the Minister of the Ministry of Agriculture and Forestry shall 
accept the request unless there are legitimate reasons for not accepting the 
request. However, where the first application is rejected or withdrawn, the 
applicant may request to initiate the examination of the variety before the 
date specified by the applicant. 
(6) In case of proviso of Paragraph (5), the Minister of the Ministry of 
Agriculture and Forestry shall give the applicant an appropriate period of time 
to furnish the information, documents or material required for the purpose of 
the examination of the variety of which application is filed in accordance with 
Paragraph (1) of Article 26 (hereinafter refered to as "applied variety"). 
Article 28 Processing of the Application 
(1) The documents constituting the application shall be received by the 
Minister of the Ministry of Agriculture and Forestry, where the applied variety 
belong to the species or genus of the plants entitled to variety protection 
under Article 11 of this Act. Any application that is complete and correct under 
Paragraph (1) of Article 26, or any application that is amended under Item (ii) 
of Article 7, shall be given a filing date and shall be recorded in the Register 
of Applications. 
(2) The filing date shall be taken to be the day on which the documents 
constituting the application has been received in accordance with the above IPINIlIKOR/P/2 
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Paragraph (1). 
Article 29 Amendment before the Decision of Publication 
(1) An applicant may amend the application before the transmittal of a 
certified copy of the decision of publication under Paragraph (2) of Article 38, 
if the amendment does not change the gist of the original application. 
(2) The amendment in accordance with the above Paragraph 1 shall not be 
made after the transmittal of a certified copy of the decision of rejection. 
However, where a demand for a trial against a decision of rejection under 
Article 93 is filed, an applicant may amend the application within thirty (30) 
days from the filing date of the demand. 
Article 30 Amendment after the Decision of Publication 
(1) An applicant may, after the transmittal of a certified copy of the decision of 
publication under Paragraph (2) of Article 38, amend the application under 
any of the following items, provided that such amendment does not change 
the gist of the original application: 
(i) where an amendment is made, when a demand for a trial against a 
rejection under Article 93 is filed, after receipt of a rejection notice under 
Paragraph (1) of Article 37, within thirty (30) days from the date of filing a 
demand for an appellate trial against the reasons for rejection; 
(ii) where an amendment is made when an opposition is filed under 
Paragraph (1) of Article 41, within the time limit designated for submission of 
a written answer against the grounds for opposition under Paragraph (1) of 
Article 43; and 
(iii) where an amendment is made within the time limit designated for 
submission of the written opinion against the reasons for rejection after 
receipt of the notice of reasons for rejection under Paragraph (4) of Article 44. 
(2) Where an amendment of the application, made after the transmittal of a 
certified copy of the decision of publication, is found not to have complied 
with the provisions of Paragraph (1) after registration of the establishment of 
the variety protection right, the variety protection shall be deemed to have 
been granted on the application without such amendment. 
Article 31 Change of Gist of the Application 
Where an amendment made in accordance with Articles 29 and 30 falls 
under any of the following items, the amendment shall be deemed not to 
change the gist of the application: 
(i) where errors are corrected; 
(ii) where unclear description is clarified; and 
(iii) the cases prescribed by a Presidential Decree. Article 32 Quash of Amendment IP /N/l/KORIP /2 
Page 21 
(1) Where an amendment of the application made before the transmittal of a 
certified copy of the decision of publication changes the gist of the application, 
the examiner shall quash the amendment by a decision and notify the 
applicant of such decision without delay. 
(2) Where a decision to quash an amendment under Paragraph (1) has been 
made, before the expiration of thirty (30) days from the transmittal of a 
certified copy of that decision, the examiner shall neither make a decision 
with respect to an application nor make a decision of publication. 
(3) Where an applicant has demanded a trial under Article 92 against a 
decision to quash an amendment under Paragraph (1), the examiner shall 
suspend the examination of the application until the trial decision has become 
final and conclusive. 
(4) Where, before the examiner's decision has been made under Article 46, 
an amendment to the application made after the transmittal of a certified copy 
of the decision of publication is found not to comply with Paragraph (1) of 
Article 30, the examiner shall quash the amendment by a decision and notify 
the applicant of such decision without delay. 
(5) The decision to quash an amendment under Paragraph (1) or (4) shall be 
in writing and shall state the reasons therefor. 
(6) No appeal shall be made against a decision to quash an amendment 
under Paragraph (1) or (4). However, this provision shall not apply in case of 
the demand for a trial under Article 92. 
CHAPTER III EXAMINATION 
Article 33 Examination by Examiner 
(1) The Minister of the Ministry of Agriculture and Forestry shall have 
applications for variety protection under Article 26, oppositions to the grant of 
variety protection under Article 41, and applications for the registration of 
variety denomination under Article 111, examined by an examiner. 
(2) Matters relating to the qualifications for examiners in accordance with the 
provisions of Paragraph (1) shall be prescribed by a Presidential Decree. 
Article 34 Publication of the Application 
(1) The Minister of the Ministry of Agriculture and Forestry shall publish the 
variety protection application, which has been registered in the register of 
variety protection applications in accordance with the provisions of Paragraph 
(1) of Article 28, by publishing the application in the Variety Protection IP/N/1/KORlP/2 
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Gazette (hereinafter referred to as an "Official Gazette") under Article 54 
without delay. 
(2) Any person may, when the application is published under Paragraph (1), 
furnish the Minister of the Ministry of Agriculture and Forestry with information, 
together with evidence, that the variety concerned is unprotectable under 
Article 12,17, or 18. 
(3) Matters which shall be published in the Official Gazette on the publication 
of the application under Paragraph (1) shall be prescribed by the Ordinance 
of the Ministry of Agriculture and Forestry. 
Article 35 Examination of Applied Variety 
(1) An examiner shall examine whether an applied variety meets the 
requirements prescribed in Articles 13 through 16. 
(2) The Minister of the Ministry of Agriculture and Forestry may entrust a 
research institite, university, or any appropriate person with investigation or 
testing to perform the examination under Paragraph (1). 
(3) Matters relating to the method, standard, and procedures of the 
examination under Paragraph (1) shall be prescribed by the Ordinance of the 
Ministry of Agriculture and Forestry. 
Article 36 Submission of Materials 
(1) The Minister of the Ministry of Agriculture and Forestry may order the 
applicant to furnish all materials, if necessary, for the purposes of the 
examination under Paragraph (1) of Article 35. 
(2) The applicant who has been ordered to furnish the materials under 
Paragraph (1) shall comply with the order, unless the applicant has a 
legitimate reason for his failture. 
Article 37 Rejection Ruling and Notification of Reasons Therefor 
(1) The examiner shall render a ruling to reject a variety protection application 
where it falls under any of the following items (hereinafter referred to as 
"reason for rejection"): 
(i) it is not protectable under Article 3, 11, 12, 17, or 18, Paragraphs (1) and 
(2) of Article 21, Paragraphs (2) and (5) of Article 23, Paragraph (1) of Article 
24, or Paragraph (2) of Article 26; 
(ii) it is filed by a person who is not entitled to obtain a variety protection 
right; and 
(iii) it is in violation of a treaty. 
(2) An examiner shall, when he intends to render a ruling on rejection under 
Paragraph (1), notify the applicant of the reasons and give him an opportunity 
to submit a written opinion designating a time limit for such submission. IP/N/IIKOR/P/2 
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(3) Where a ruling of rejection under Paragraph (1) is rendered, a certified 
copy of the ruling shall be transmitted to the applicant and the ruling shall be 
published in the Official Gazette. 
(4) Matters which shall be published in the Official Gazette on the ruling of 
rejection under Paragraph (3) shall be prescribed by the Ordinance of the 
Ministry of Agriculture and Forestry. 
Article 38 Publication of the Application for Public Inspection 
(1) Where an examiner finds no reason for rejecting a variety protection 
application, he shall render a decision that the application is to be published. 
(2) Where a decision to publish the application is made under Paragraph (1), 
the Minister of the Ministry of Agriculture and Forestry shall transmit a 
certified copy of the decision of publication of the application to the applicant 
and publish the application in the Official Gazette. 
(3) The Minister of the Ministry of Agriculture and Forestry shall make the 
application files and their attachments available for public inspection for sixty 
(60) days following the date of publication of the application. 
(4) Matters which shall be published in the Official Gazette on the publication 
of the application under Paragraph (2) shall be prescribed by the Ordinance 
of the Ministry of Agriculture and Forestry. 
Article 39 Right to Provisional Protection 
(1) After publicaton of his appliction, the applicant for variety protection shall 
have an exclusive right to commercially and industrially exploit the variety 
claimed in the variety protection application. 
(2) After the publication of the application, where the application falls under 
any of the following items, the right under Paragraph (1) shall be deemed 
never to have arisen: 
(i) where an application has been abandoned, invalidated or withdrawn; 
and 
(ii) where the examiner's decision that the application is to be rejected has 
become final and conclusive. 
(3) Where a person having the right under Paragraph (1) has exercised the 
right and the application falls under either of the items in Paragraph (2), such 
person shall be liable to indemnify any damage caused to another party by 
exercising that right. 
(4) Articles 84 through 90 shall apply mutatis mutandis to the right under 
Paragraph (1). 
Article 40 Exercise of the Right of Provisional Protection and Suspension of 
Litigation Proceedings IPINIlIKOR/P/2 
Page 24 
(1) Where a suit or an application for provisional attachment or provisional 
disposal has been filed with respect to the infringement of the right under 
Paragraph (1) of Article 68, the court may, if necessary, suspend the litigation 
proceedings by a ruling upon request, or ex officio, until the examiner's 
decision or the trial decision has become final and conclusive. 
(2) No appeal shall lie from a ruling with respect to a request under 
Paragraph (1). 
(3) When the reason for the suspension is no longer applicable, the court 
may revoke the ruling of suspension under Paragraph (1). 
Article 41 Opposition to Grant of Variety Protection 
(1) Within sixty (60) days from the date of publicaton of an application, any 
person can file an opposition to the grant of variety protection with the 
Minister of the Ministry of Agriculture and Forestry, if an application falls 
under either of the following items: 
(i) where the variety in the variety protection application does not comply 
with the requirements of Articles 13 through 16; and 
(ii) where the variety protection application is filed by a person other than 
the one entitled to variety protection under Article 17. 
(2) When filing an opposition pursuant to Paragraph (1), the opponent shall 
submit the written opposition documents containing the reasons therefor, 
together with necessary evidence, to the Minister of the Ministry of Agriculture 
and Forestry. 
Article 42 Amendments to Grounds for Opposition, Etc. 
An opponent who has filed an opposition to the grant of variety protection 
under Paragraph (1) of Article 41 (hereinafter referred to as a "variety 
protection opponent") may amend the grounds and evidence set forth in the 
written opposition within thirty (30) days for the expiration of the time limit for 
opposition. 
Article 43 Ruling on Opposition 
(1) When an opposition to the grant of variety protection is filed under 
Paragraph (1) of Article 41, the examiner shall transmit a copy of the notice of 
opposition to the applicant and give him an opportunity to submit a written 
answer, designating a time limit for submitting such answer. 
(2) After the expiry of the time limits provided for under Article 42 and under 
Paragraph (1), the examiner shall render a ruling on the opposition. 
(3) The ruling on an opposition to the grant of variety protection shall be in 
writing and shall state the reasons therefor. 
(4) When a ruling under Paragraph (2) has been rendered, the Minister of the IPINIlIKOR/P/2 
Page 25 
Ministry of Agriculture and Forestry shall transmit a certified copy of the ruling 
to the applicant as well as to the opponent. 
Article 44 Decision of Rejection taken Ex Officio after Publication 
(1) Where the examiner finds reasons for rejection after the publication of the 
application, he can make a decision of rejection ex officio. 
(2) When the examiner makes a decision to reject an appliction under 
Paragraph (1), he shall not render a ruling on a variety protection opposition 
even if the opposition is filed in accordance with Paragraph (1) of Article 41. 
(3) Where a decision of rejection is rendered under Paragraph (1) and an 
opposition to the grant of variety protection is filed in accordance with 
Paragraph (1) of Article 41, the Minister of the Ministry of Agriculture and 
Forestry shall transmit the certified copy of the decision of rejection to the 
opponent. 
(4) Where a decision of rejection is rendered under Paragraph (1), the 
provisions of Paragraphs (2) and (3) of Article 37 shall apply mutatis 
mutandis. 
Article 45 Conflict in Applications for Variety Protection Opposition 
(1) In case there are two or more applications for variety protection 
oppositions, the examiner may combine or separate their examination or 
ruling. 
(2) In case there are two or more applications for variety protection opposition, 
if one of the applications is deemed to be justifiable upon its examination, the 
examiner may not render a decision on other applications. 
(3) If an application for variety protection opposition is deemed to be 
justifiable and a decision to reject the application is made under Paragraph 
(2), the Minister of the Ministry of Agriculture and Forestry shall transmit a 
copy of the decision to other applicants for variety protection opposition, for 
whom the decisions are not made. 
Article 46 Decision on Grant of Variety Protection 
(1) Where no grounds for rejecting a variety protection application are 
established, the examiner shall redner a decision that variety protection is to 
be granted for the application. 
(2) The decision on grant of variety protection shall be in writing and shall 
state the reasons therefor. 
(3) When the decision on grant of variety protection has been rendered under 
Paragraph (1), the Minister of the Ministry of Agriculture and Forestry shall 
transmit a certified copy of the decision to the applicant, and publish the 
decision in the Official Gazette. IPINIlIKORlP/2 
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(4) Matters which shall be published in the Official Gazette on the decision on 
grant of variety protection under Paragraph (3) shall be prescribed by the 
Ordinance of the Ministry of Agriculture and Forestry. 
Article 47 Suspension of Examination or Litigation Proceedings 
(1) The examination procedure of a variety protecton application may, if 
necessary to the examination, be suspended until a trial decision becomes 
final or litigation proceedings are concluded. 
(2) The court may, if necessary to the litigation, suspend proceedings until the 
examiner's decision becomes final and conclusive. 
Article 48 Mutatis Mutandis Application of Patent Act 
(1) To the examination relating to variety protection applications, the 
provisions of Items (i) through (v), and (vii) of Paragraph (1) of Article 148 of 
the Patent Act shall apply. 
(2) To the examination relating to an opposition to the grant of variety 
protection, the provisions of Articles 133, 271, and 339 of the Code of Civil 
Procedure as well as Article 157, Paragraphs (3) through (6) of Article 165, 
Article 166 of the Patent Act shall apply. 
CHAPTER IV VARIETY PROTECTION FEES AND VARIETY 
PROTECTION REGISTRATION, ETC. 
Article 49 Variety Protection Fees 
(1) A person desiring to register the establishment of a variety protection right 
under Paragraph (1) of Article 55 shall pay the variety protection fees. 
(2) A variety protection right holder shall pay an annual variety protection fee 
to the Minister of the Ministry of Agriculture and Forestry for the entire 
duration of the protection right. 
(3) Regardless of the will of a person liable to pay the variety protection fees 
under the terms of Paragraph (1) or (2), any interested person in the variety 
protection right may pay the variety protection fees. 
(4) Any intere,sted person in the variety protection right who has paid the 
variety protection fees in accordance with Paragraph (3) may demand 
reimbursement of his expenses to the extent that the person liable to pay is 
actually making a profit. 
(5) Matters relating to the variety protection fees, its payment method, its 
payment due date, etc. under Paragraph (1) or (2) shall be prescribed by the 
Ordinance of the Ministry of Agriculture and Forestry. IP/N/IIKOR/P/2 
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Article 50 Payment of Variety Protection Fees after Expiration of the Payment 
Period 
(1) Any person wishing to register the establishment of a variety protection 
right or a variety protection right holder may pay the variety protection fees 
during the 6-month grace period following the expiration of the payment 
period prescribed by Paragraph (5) of Article 49. 
(2) Where the variety protection fees are paid during the grace period 
prescribed in Paragraph (1), an amount equivalent to twice of the variety 
protection fees under Paragraph (5) of Article 49 shall be paid. 
(3) If the person wishing to register the establishment of a variety protection 
right does not pay the variety protection fees during the grace period 
provided for under Paragraph (1), the variety protection application shall be 
deemed to have been abandoned and the variety protection right concerned 
shall be deemed to have been extinguished retroactively to the time when the 
period for payment of the variety protection fees expired. 
Article 51 Exemption of Variety Protection Fees 
Notwithstanding Article 49, the payment of the variety protection fees shall be 
exempted, if the situation falls under any of the following items: 
(i) where the variety protection fees are to be paid by the Government or a 
District Self-Ruling Entity in order to register the establishment of a variety 
protection right; 
(ii) where the variety protection fees are to be paid by the Government or a 
District Self-Ruling Entity for the entire duration of the protection right; and 
(iii) where the variety protection fees are to be paid by a life protectee 
prescribed by Article 3 of the Life Protection Act in order to register the 
establishment of a variety protection right. 
Article 52 Refund of Variety Protection Fees 
Variety protection fees which have been paid shall not be refunded unless 
they have been paid by mistake. 
Article 53 Variety Protection Register 
(1) The Minister of the Ministry of Agriculture and Forestry shall keep a 
variety protection register and shall register the following items: 
(i) the establishment, transfer, extinguishment, or restriction on disposal, of 
a variety protection right; 
(ii) the establishment, transfer, modification, extinguishment, or restriction 
on disposal, of an exclusive or non-exclusive license; and IPINIlIKOR/P/2 
Page 28 
(iii) the establishment, transfer, modification, extinguishment, or restriction 
on disposal, of a pledge on a variety protection right or on an exclusive or 
non-exclusive license. 
(2) Besides the matters prescribed in Paragraph (1), registration 
requirements, registration procedure, and other matters relating to the 
registration shall be prescribed by the Ordinance of the Ministry of Agriculture 
and Forestry. 
Article 54 Variety Protection Gazette 
The Minister of the Ministry of Agriculture and Forestry shall publish the 
Official Gazette periodically. 
CHAPTER V THE VARIETY PROTECTION RIGHT 
Article 55 Registration of Establishment of the Variety Protection Right 
(1) A variety protection right shall come into force upon registration of its 
establishment in accordance with Item (i) of Paragraph (1) of Article 53. 
(2) Where the variety protection fees have been paid in accordance with 
Paragraph (1) of Article 49 or Paragraph (1) of Article 50, or where an 
exemption from payment of fees has been granted under Article 51, the 
Minister of the Ministry of Agriculture and Forestry shall register the 
establishment of the variety protection right. 
(3) Where a registration has been made under Paragraph (2), the Minister of 
the Ministry of Agriculture and Forestry shall publish the following items in the 
Official Gazette: 
(i) the name and address of the variety protection right holder (in case of a 
legal entity, the title, place of business and the name of its representative); 
(ii) the registration number of the variety protection; 
(iii) the date of registration of establishment; and 
(iv) the duration of the variety protection right. 
(4) When the establishment of a variety protection right has been registered, 
the Minister of the Ministry of Agriculture and Forestry shall issue a certificate 
of registration of a variety protection right to the variety protection right holder. 
Article 56 Duration of the Variety Protection Right 
The variety protection right shall expire at the end of the twentieth (20th) 
calendar year following the registration of its establishment; for trees and fruit 
trees, it shall expire at the end of the twenty-fifth (25th) year. Article 57 Effects of the Variety Protection Right IPINIlIKORlP/2 
Page 29 
(1) A variety protection right holder shall have an exclusive right to exploit the 
protected variety commercially and industrially. However, where the variety 
protection right is subject to an exclusive license, this provision shall not 
apply to the extent that the exclusive licensee has the exclusive right to 
exploit the protected variety under Paragraph (2) of Article 62. 
(2) Besides the right prescribed in Paragraph (1), a variety protection right 
holder shall also have an exclusive right to exploit harvested material and the 
product which has been made directly from harvested material of the seed of 
the protected variety commercially and industrially. However, where the 
product is made directly by a person who has no knowledge of the right when 
producing the product, this provision shall not apply. 
(3) A variety falling under either of the following items shall be deemed to be 
a protected variety: 
(i) when the variety is essentially derived from the protected variety 
(hereinafter referred to as a "derived variety"); and 
(ii) when the production of the seed requires the repeated use of the 
protected variety. 
(4) A variety shall be deemed to be a derived variety when it is derived from 
the initial variety or from a variety that is itself derived from the initial variety, 
and retains the expression of the essential characteristics that result from the 
genotype or combination of genotypes of the initial variety, and essential 
characteristics of the corresponding variety are the same as those of the 
initial variety except for differences in the particular characteristics which 
result from the particular breeding method although the corresponding variety 
is clearly distinguishable from the initial variety. 
Article 58 Scope of No Effect of the Variety Protection Right 
(1) The effects of the variety protection right under Article 57 shall not extend 
to any of the following items: 
(i) exploitation of the protected variety for self-consumption and for non­
commercial purposes; 
(ii) exploitation of the protected variety for experimental and research 
purposes; and 
(iii) exploitation of the protected variety for the purpose of breeding other 
varieties. 
(2) The Minister of the Ministry of Agriculture and Forestry may restrict a 
variety protection right for a variety, if a farmer collects the seeds of the 
variety for himself for the purpose of self-production. 
(3) Matters relating to the scope of restriction, procedures, method, etc. under 
Paragraph (2) shall be prescribed by a Presidential Decree. 
Article 59 Exhaustion of the Variety Protection Right IPINIlIKOR/P12 
Page 30 
The variety protection right under Article 57 shall not extend to acts 
concerning any material of the protected variety which has been sold or 
otherwise marketed in the Republic of Korea by the holder of the variety 
protection right, or an exclusive or non-exclusive license, or its harvested 
material, or any material directly made from said material, unless such act 
falls under either of the following items: 
(i) an act of propagating the seed of the protected variety by using the 
seeds of the protected variety which has been sold or otherwise marketed, its 
harvested material, or any material directly made from said material; and 
(ii) an act of exporting the seeds of the protected variety, its harvested 
material, or any material directly made from said material for the purpose of 
propagation. 
Article 60 Measures Restricting the Variety Protection Right 
Other than the measures prescribed by this Act, the Government shall not 
impose any restriction on the exploitation of the variety protection right. 
Article 61 Transfer of the Variety Protection Right 
(1) A variety protection right may be transferred. 
(2) A joint owner of a variety protection right may not do either of the following 
acts without the consent of all other joint owners: 
(i) an act of assigning his share or establishing a pledge upon his share; 
and 
(ii) an act of establishing an exclusive license, or granting a non-exclusive 
license, for the variety protection right. 
(3) Each of the joint owners may, except as otherwise agreed by a contract 
among all joint owners, exploit the protected variety by himself without the 
consent of other joint owners. 
Article 62 Exclusive License 
(1) A variety protection right holder may establish for another person an 
exclusive license on the variety protection right. 
(2) An exclusive licensee, who has an exclusive license established under 
Paragraph (1), shall have an exclusive right to exploit the protected variety 
commercially and industrially to the extent provided for in the license contract. 
(3) An exclusive licensee may not transfer the license without the consent of 
the variety protection right holder, except where it is transferred together with 
the business of the licensee or in case of inheritance or other general 
succession. 
(4) An exclusive licensee may not establish a pledge or grant a non-exclusive IP/N/l/KORlP/2 
Page 31 
license on the exclusive license without the consent of the variety protection 
right holder. 
(5) Paragraph (2) of Article 61 shall apply mutatis mutandis to an exclusive 
license. 
Article 63 Effects of Registration of the Variety Protection Right and 
Exclusive License 
(1) The matter falling under any of the following items shall be of no effect, 
unless it is registered in the variety protection register under Article 53: 
(i) the transfer (excluding the case of inheritance or other general 
succession) or extinguishment by abandonment of a variety protection right, 
or restriction on the disposal thereof; 
(ii) the establishment, transfer (excluding the case of inheritance or other 
general succession), modification, or extinguishment of an exclusive license, 
or restriction on the disposal thereof; and 
(iii) the establishment, transfer (excluding the case of inheritance or other 
general succession), modification, or extinguishment of a pledge, or 
restriction on the disposal thereof for the purpose of the exploitation of the 
variety protection right or exclusive license. 
(2) A person who has inherited, or succeeded generally to, a variety 
protection right, exclusive license, or pledge shall notify the Minister of the 
Ministry of Agriculture and Forestry of its purport within thirty (30) days from 
the effect. 
Article 64 Non-Exclusive License 
(1) A variety protection right holder may grant to another person a non­
exclusive license on his variety protection right. 
(2) A non-exclusive licensee who has been granted a non-exclusive license 
under Paragraph (1) shall have a right to exploit the protected variety 
commercially and industrially to the extent prescribed in this Act or provided 
for by the license contract. 
(3) A non-exclusive license granted under Article 68 may be transferred only 
with the business in which it is exploited. 
(4) A non-exclusive license, other than the one referred to in Paragraph (3), 
may not be transferred without the consent of the variety protection right 
holder (or the variety protection right holder and the exclusive licensee in 
case of a non':exclusive license on an exclusive license), except for the case 
of transferring it with the business in which it is exploited. 
(5) A pledge, other than the one referred to in Paragraph (3), may not be 
established on a non-exclusive license, without the consent of the variety 
protection right holder (or the variety protection right holder and the exclusive 
licensee in case of a non-exclusive license on an exclusive license). 
(6) Paragraph (2) of Article 61 shall apply mutatis mutandis to the non-IPINI1IKOR/P/2 
Page 32 
exclusive license. 
Article 65 Non-Exclusive License by virtue of Prior Use 
Where, at the time of filing a variety protection application, a person who has 
bred a protected variety without having knowledge of the contents of the 
protected variety described in a variety protection application, or has learned 
how to exploit the protected variety from such person and has been exploiting 
the protected variety commercially and industrially, in good faith, in the 
Republic of Korea, or has been making preparations therefor, shall have a 
non-exclusive license on that variety protection right for which the variety 
protection application has been filed. Such license shall be limited to the 
purpose of commercial and industrial exploitation of the protected variety, 
which is being exploited or for which preparations have been made. 
Article 66 Non-Exclusive License due to Exploitation prior to Registration of 
Demand for Invalidation Trial 
(1) When a person falling under any of the following items has been 
exploiting commercially and industrially the protected variety, or has been 
making preparations therefor, in good faith, in the Republic of Korea, prior to 
the registration of a demand for an invalidation trial of the variety protection 
right concerned, without knowing that the variety protection right falls under 
the grounds of invalidation, such person shall have a non-exclusive license 
on that variety protection right or on the exclusive license existing at the time 
that the variety protection right was invalidated, but such non-exclusive 
license shall be limited to the purpose of commercial and industrial working of 
the protected variety, which is being made or for which preparations have 
been made: 
(i) the original variety protection right holder, where one of more than two 
variety protections granted to the same variety has been invalidated; 
(ii) the original variety protection right holder, where his protected variety 
has been invalidated and a protected variety for the same variety has been 
granted to the entitled person; and 
(iii) in the case referred to in Item (i) or (ii), a person, who, at the time of 
registration of the demand for an invalidation trial of the invalidated variety 
protection right, has been granted an exclusive or non-exclusive license, or a 
non-exclusive license on the exclusive license, and such license has been 
registered. H'owever, a person falling under Paragraph (2) of Article 75 is 
not required to register the license. 
(2) A person who has been granted a non-exclusive license in accordance 
with Paragraph (1) shall pay an adequate remuneration as consideration to 
the variety protection right holder or exclusive licensee. IP/N/IIKOR/P/2 
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Article 67 Non-Exclusive License subject to Transfer of the Variety Protection 
Right due to Exercise of Pledge 
If a variety protection right holder exploits the protected variety prior to the 
establishment of a pledge on the variety protection right, even if the variety 
protection right is subsequently transferred by an act such as an auction, the 
variety protection right holder shall have a non-exclusive license on the 
variety protection right. However, in this case, he shall pay an adequate 
remuneration to a person to whom the variety protection right is transferred 
through an act such as an auction. 
Article 68 Arbitration Decision on Grant of Non-Exclusive License 
(1) Where a protected variety falls under any of the following items, a person 
who intends to exploit the protected variety may request for an arbitration 
decision on the grant of a non-exclusive license (hereinafter referred to as 
"arbitration decision") to the Minister of the Ministry of Agriculture, Forestry, 
and Fishery. However, request for an arbitration decision under the 
following Item (i) or (ii) can only be made if no consultation on the grant of a 
non-exclusive license is possible, or no agreement is reached, with the 
variety protection right holder or exclusive licensee of the protected variety: 
(i) where the protected variety has not been continuously exploited for 
three (3) or more years in the Republic of Korea without any natural or 
terretrial disaster, other force majeure, or any justifiable reason prescribed by 
a Presidential Decree; 
(ii) where the protected variety has not been commercially and industrially 
worked continuously in the Republic of Korea, without any justifiable reason, 
on a considerable commercial scale for three (3) or more years, or where the 
domestic demand for the protected variety has not been satisfied to a proper 
extent and under reasonable conditions; 
(iii) where there is a significant necessity for the non-commercial 
exploitation of the protected variety for the benefit of the public; and 
(iv) where it is necessary to exploit the protected variety in order to correct 
business practice which has been deemed to be unfair through judicial or 
administrative procedures. 
(2) Paragraph (1) shall not apply before the expiration of three (3) years from 
the date of registration of the establishment of a variety protection right of the 
protected variety. 
(3) In making an arbitration decision, the Minister of the Ministry of Agriculture, 
Forestry, and Fishery shall review if it is necessary to grant a non-exclusive 
license for each request. 
(4) In making an arbitration decision, the Minister of the Ministry of Agriculture 
and Forestry shall require that the non-exclusive license be exploited for the 
main purpose of supplying the domestic demand. However, this shall not 
apply to an arbitration decision requested in accordance with Item (iv) of 
Paragraph (1). IP INIlIKORlP 12 
Page 34 
(5) In making an arbitration decision under Item (iv) of Paragraph (1), the 
Minister of the Ministry of Agriculture and Forestry may take into 
consideration that the purport of the arbitration decision is for correcting unfair 
business practice when deciding its remuneration. 
(6) Before making an arbitration decision, the Minister of the Ministry of 
Agriculture and Forestry shall hear the view of the Variety Committee 
established under Article 158. 
Article 69 Transmittal of Written Request for Arbitration 
Where a request has been made for an arbitration decision under Paragraph 
(1) of Article 68, the Minister of the Ministry of Agriculture and Forestry shall 
transmit a copy of the written request to the variety protection right holder and 
exclusive licensee related to the request, and to any other persons having a 
registered right to the protected variety, and shall give them an opportunity to 
submit a written reply within the time limit. 
Article 70 Manner of Arbitration 
(1) An arbitration decision shall be in writing and shall state the reasons 
therefor. 
(2) The following items shall be indicated in the arbitration decision of 
Paragraph (1): 
(i) the scope and duration of the non-exclusive license, and 
(ii) the remuneration for the license, and the method and time of its 
payment. 
(3) Where an extension of the duration of a non-exclusive license is 
requested under Item (i) of Paragraph (2), the Minister of the Ministry of 
Agriculture and Forestry may not reject such request as long as previous 
reasons for the extension remain to be valid. 
Article 71 Transmittal of Certified Copies of the Arbitration Decision 
(1) Where an arbitration decision is made, the Minister of the Ministry of 
Agriculture and Forestry shall transmit certified copies of the decision to the 
parties and any other person having a registered right to the variety 
protection right. 
(2) When an arbitration decision has been transmitted to the parties under 
Paragraph (1), an agreement to the terms of the arbitration decision shall be 
deemed to have been reached by the parties. 
Article 72 Deposit of Remuneration IP/N/1/KORlP/2 
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A person who is to pay a remuneration under Item (ii) of Paragraph (2) of 
Article 70 shall make a deposit thereof under any of the following 
circumstances: 
(i) where the person to receive the remuneration refuses or is unable to 
receive it; 
(ii) where a Actsuit prescribed in Paragraph (1) of Article 106 is filed 
against the remuneration; and 
(iii) where the variety protection right or exclusive license is the subject of a 
pledge, except for the case that the pledge gave his consent. 
Article 73 Lapse and Cancellation of Arbitration Decision 
(1) When a person who is subject to a ruling under Paragraph (1) of Article 70 
fails to payor deposit the remuneration (if the remuneration is paid at a fixed 
period or in installments, the first portion of such payment) by the payment 
due date prescribed in Item (ii) of Article 70, the ruling shall lose its effect. 
(2) The Minister of the Ministry of Agriculture and Forestry may cancel the 
ruling under Paragraph (1) of Article 70 upon the request of an interested 
party or ex officio under any of the following circumstances: 
(i) where a person who is subject to a ruling under Paragraph (1) of Article 
70 fails to exercise his non-exclusive license; 
(ii) where the reasons for requesting an arbitration decision on a non­
exclusive license have become invalid and there is no basis for their 
recurrence; and 
(iii) when a person who is subject to a ruling under Paragraph (1) of Article 
70 fails to payor deposit the subsequent portions of the remuneration 
following the first portion if the remuneration is paid at a fixed period or in 
installments. 
(3) Paragraph (6) of Article 68, Article 69, Paragraph (1) of Article 70, and 
Article 71 shall apply mutatis mutandis to the cases described in Paragraph 
(2). 
(4) The non-exclusive license shall be extinguished from the time a ruling on 
an arbitration decision has been cancelled under Paragraph (2). 
Article 74 Restriction on Objection to Arbitration Decision 
Where a demand for an administrative trial is filed against the arbitration 
decision under Paragraph (1) of Article 3 of the Administrative Trial Act, the 
remuneration determined in an arbitration decision may not be a ground for 
objection. 
Article 75 Effects of Registration of Non-Exclusive License 
(1) When a non-exclusive license is registered, it shall be also effective IP/NIl/KOR/P/2 
Page 36 
against any person who subsequently acquires the variety protection right or 
an exclusive license after the registeration. 
(2) A non-exclusive license granted under Articles 64 through 68, and 104 
shall have the same effect as prescribed under Paragraph (1) even when it is 
not registered. 
(3) The transfer, modification, extinguishment, or restriction on disposal of a 
non-exclusive license, or the establishment, transfer, modification, 
extinguishment, or restriction on disposal of a pledge relating to a non­
exclusive license shall not be effective against a third party unless it is 
registered. 
Article 76 Restriction on Abandonment of the Variety Protection Right and 
Others 
(1) A variety protection right holder shall not abandon his variety protection 
right without the consent of the exclusive licensee, or pledgee, or non­
exclusive licensee under Paragraph (4) of Article 62 or Paragraph (1) of 
Article 64. 
(2) An exclusive licensee shall not abandon his exclusive license without the 
consent of a pledgee or non-exclusive licensee under Paragraph (4) of Article 
62. 
(3) A non-exclusive licensee shall not abandon his non-exclusive license 
without the consent of a pledgee. 
Article 77 Effects of Abandonment 
The variety protection right, exclusive license, or non-exclusive license shall 
be extinguished from the time of abandonment of the variety protection right, 
exclusive license, or non-exclusive license. 
Article 78 Pledge 
Where a variety protection right, exclusive license, or non-exclusive license is 
the subject of a pledge, the pledgee may not exploit the protected variety 
except as otherwise provided by the contract. 
Article 79 Subrogation of the Pledge Right 
A pledge may be exercised against the remuneration or goods to be received 
for the exploitation of the protected variety; however, it shall be seized before 
payment or delivery thereof. IP/N/l/KOR/P/2 
Page 37 
Article 80 Cancellation of the Variety Protection Right 
(1) The Minister of the Ministry of Agriculture and Forestry may cancel the 
variety protection right under any of the following circumstances; however, in 
case of Item (iii), the variety protection right shall be cancelled: 
(i) where requirements prescribed in Article 15 or 16 have not been met; 
(ii) where a protected variety has not been continuously exploited in the 
Republic of Korea for two (2) or more years from the date of a ruling on an 
arbitration decision under each item of Paragraph (1) of Article 68; 
(iii) where an act of maintaining the protected variety under Article 83 has 
not been performed; and 
(iv) where the registration of a variety denomination has been cancelled 
under Paragraph (1) of Article 113. 
(2) The variety protection right shall be extinguished from the time of 
cancellation of the variety protection right under Paragraph (1). 
(3) Paragraphs (2) and (3) of Article 37 shall apply mutatis mutandis to the 
cancellation prescribed in Paragraph (1). 
Article 81 Extinguishment of the Variety Protection Right in absence of 
Successor 
A variety protection right shall be extinguished in the event that there is no 
successor thereto when the succession is commenced. 
Article 82 Report on Exploitation of the Variety Protection Right 
The Minister of the Ministry of Agriculture and Forestry may require a variety 
protection right holder, exclusive licensee or non-exclusive licensee to report 
whether the protected variety has been exploited, and the scale, etc. thereof. 
Article 83 Maintenance Obligation of the Protected Variety 
(1) The variety protection right holder shall have the obligation to maintain the 
basic characteristics of the protected variety at the time of the registration of 
establishment of the variety protection right for the entire duration of the right. 
(2) The Minister of the Ministry of Agriculture and Forestry may require the 
variety protection right holder to furnish materials deemed necessary for 
verifying the maintenance of the basic characteristics of the protected variety 
under Paragraph (1), or may undertake the examination of varieties for the 
purposes of verification. 
CHAPTER VI PROTECTION OF THE VARIETY PROTECTION 
RIGHT HOLDER IP /N/l/KOR/P/2 
Page 38 
Article 84 Injunction and Prevention against Infringement 
(1) A variety protection right holder or exclusive licensee may request a 
person who is infringing or is likely to infringe his right to discontinue or refrain 
from such infringement. 
(2) A variety protection right holder or exclusive licensee who is acting under 
Paragraph (1) may demand the destruction of the articles by which the act of 
infringement was committed, the removal of the facilities used for the act of 
infringement, or other measures necessary to prevent the infringement. 
Article 85 Acts deemed to be Infringement 
Any act falling under either of the following items shall be deemed to be 
infringing a variety protection right or an exclusive license: 
(i) an act of exploiting a protected variety of another person commercially and 
industrially without permission of the variety protection right holder or 
exclusive licensee; and 
(ii) an act of commercially using a variety denomination, which is identical 
with or similar to the variety denomination of the protected variety of another 
person, for a variety of the species or genus of the plant to which the 
protected variety belongs. 
Article 86 Right to Claim Compensation for Damage 
(1) A variety protection right holder or exclusive licensee may claim a 
compensation for damage from a person who has intentionally or negligently 
infringed the variety protection right or exclusive license. 
(2) Articles 128 and 132 of the Patent Act shall apply mutatis mutandis to 
claiming a compensation for damage under Paragraph (1). 
Article 87 Presumption of Negligence 
A person who has infringed a variety right or exclusive license of another 
person shall be presumed to have been negligent in the infringement. 
Article 88 Recovery of Reputation of Variety Protection Right Holder or 
Exclusive Licensee 
At the request of a variety protection right holder or exclusive licensee, the 
court may, in lieu of damages or in addition thereto, order the person who has 
injured the business reputation of the variety protection right holder or IP/N/l/KOR/P/2 
Page 39 
exclusive licensee by intentionally or by negligently infringing the variety 
protection right or exclusive license to take measures necessary for 
recovering the business reputation of said variety protection right holder or 
exclusive licensee. 
Article 89 Marking of Variety Protection 
A variety protection right holder, exclusive licensee, or non-exclusive licensee 
may indicate that the variety is a protected variety. 
Article 90 Prohibition of False Marking 
No person shall be allowed to perform either of the following acts: 
(i) an act of making a mark, on a container or package of the seeds for which 
variety protection has not been granted or a variety protection application is 
not pending, that the variety has been granted or a variety protection 
application has been filed, or of indicating any sign which is likely to cause 
confusion therewith on the container or package; and 
(ii) an act of indicating the variety, for which variety protection has not been 
granted or a variety protection application has not been filed, in commercial 
advertisements, signboards or labels, trading documents, etc. that variety 
protection has been granted or a variety protection application has been filed. 
CHAPTER VII TRIAL 
Article 91 Variety Protection Trial Committee 
(1) The Variety Protection Trial Committee shall be established in the Ministry 
of Agriculture and Forestry in order to conduct trial and retrial proceedings on 
variety protection. 
(2) In the Trial Committee, there shall be the Chairman of the Variety 
Protection Trial Committee and Variety Protection Trial Committee Members 
(hereinafter referred to as "trial members"), of which one member is a 
standing member. 
(3) Matters relating to the composition and operation of the Trial Committee 
shall be prescribed by a Presidential Decree. 
Article 92 Trial against Quash of Amendment 
If a person, who has been made a decision to quash the amendment under 
Paragraph (1) or (4) of Article 32, has an objection to the decision, he may 
demand a trial within thirty (30) days from the date of receipt of a certified IP/N/l/KOR/P/2 
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copy of the decision. 
Article 93 Trial against Rejection Ruling 
If a person, who has been rendered a ruling on rejection under Paragraph (1) 
of Article 37, has an objection to the ruling, he may demand a trial within thirty 
(30) days from the date of receipt of a certified copy of the ruling. 
Article 94 Invalidation Trial of Variety Protection 
(1) An interested person or examiner in variety protection may demand an 
invalidation trial, if variety protection falls under any of the following items: 
(i) where variety protection has been granted contrary to Article 12, 17, or 
18, Paragraph (1) or (2) of Article 21, Paragraph (1) of Article 24, or 
Paragraph (2) of Article 26; 
(ii) where variety protection has been granted to a person who is not 
entitled to obtain the right; 
(iii) where variety protection has been granted in violation of a treaty; and 
(iv) where, after the grant of variety protection, the variety protection right 
holder is no longer capable of enjoying the variety protection right under 
Article 18, or variety protection no longer complies with a treaty. 
(2) A trial under Paragraph (1) may be demanded at any time as long as 
there is a benefit in demanding. 
(3) Where a trial decision invalidating the variety protection right has become 
final and conclusive, the variety protection right shall be deemed to have 
never existed; however, where a trial decision invalidating variety protection 
under Item (iv) of Paragraph (1) has become final and conclusive, the variety 
protection right shall be deemed to have not existed from the time that variety 
protection fell under said item. 
(4) Where a trial under Paragraph (1) has been demanded, the Chairman of 
the Trial Committee shall notify the purport of the demand to the variety 
protection right holder and exclusive licensee of the variety protection right as 
well as to other persons who have any registered right relating to variety 
protection. 
Article 95 Manner of Demanding a Trial 
(1) Any person desiring to demand a trial shall submit a written trial demand 
stating the following items to the Chairman of the Trial Committee: 
(i) the name and address of the demandant and his agent (in case of a 
legal entity, the title, place of business and the name of its representative); 
(ii) the variety denomination; 
(iii) the filing date of a variety protection application and application number 
of variety protection; (iv) the ruling date or decision date by an examiner; and 
(v) the purport of the demand and the reasons therefor. IP/N/l/KOR/P/2 
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(2) An amendment of the written trial demand submitted under Paragraph (1) 
may not change the gist thereof; however, this provision shall not apply to the 
reasons for the demand under Item (v) of Paragraph (1). 
(3) When a trial is demanded against the rejection ruling under Article 93, if 
the rejection ruling has been rendered based on an opposition to the grant of 
variety protection, the Chairman of the Trial Committee shall notify the 
purport of the demand to the variety protection opponent. 
Article 96 Trial Member 
(1) When a trial is demanded under Paragraph (1) of Article 95, the Chairman 
of the Trial Committee shall have trial members adjudge the demand. 
(2) The trial members shall conduct their official duties in an independent 
manner. 
(3) The qualifications of the trial members shall be prescribed by a 
Presidential Decree. 
Article 97 Designation of Trial Members 
(1) For each trial, the Chairman of the Trial Committee shall designate the 
trial members constituting a collegial body under Article 98. 
(2) When any trial member designated under Paragraph (1) is unable to 
participate in the trial, the Chairman of the Trial Committee may have another 
trial member act for the former. 
(3) The Chairman of the Trial Committee shall designate one of the trial 
members designated under Paragraph (1) as the presiding trial member. 
(4) The presiding trial member shall preside in all matters relating to the trial. 
Article 98 Collegial System in Trial 
(1) A trial shall be conducted by a collegial body composed of three trial 
members. 
(2) The collegial body referred to in Paragraph (1) shall make its decisions by 
a majority vote. 
(3) The collegial decision of a trial shall not be disclosed. 
Article 99 Mutatis Mutandis Application of Provisions on Examination to Trial 
(1) Paragraph (1) of Article 29, Articles 30 and 32, Paragraph (2) of Article 37, 
Articles 38 through 43, Paragraphs (2) through (4) of Article 44, and Articles 
45 and 46 shall apply mutatis mutandis to the trial against rejection ruling IP/N/l/KORlP/2 
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under Article 93; however, Article 38 shall not apply where the variety 
protection application has been already published. 
(2) In case of Paragraph (3) of Article 32 being applied in the first portion of 
Paragraph (1), "Where an applicant has demanded a trial under Article 92" 
shall read "Where an appeal to the Patent Court has been demanded under 
Paragraph (1) of Article 105" which means "until the trial decision has 
become final and conclusive." 
Article 1 00 Mutatis Mutandis Application of Patent Act 
(1) Articles 139,141, and 142, Articles 147 through Paragraphs (1) and (3) of 
Article 160, Articles 162 through 166, Paragraph (2) of Article 171, Articles 
172 and 176 of the Patent Act shall apply mutatis mutandis to the trial under 
Articles 92 through 94. 
(2) In case of Paragraph (1), "an invalidation trial under Paragraph (1) of 
Article 133, Paragraph (1) of Article 134, and Paragraph (1) of Article 137 or a 
confirmation trial of the scope of a right under Paragraph (1) of Article 135" in 
Paragraph (1) of Article 139 of the Patent Act shall be deemed to be "an 
invalidation trial under Paragraph (1) of Article 94." 
(3) In case of Paragraph (1), "Paragraphs (1) and (3) through (5) of Article 
140 or Paragraph (1) of Article 140-2" in the former portion of Paragraph (1) 
of Article 141 shall be deemed to be "Paragraph (1) of Article 95," and "Article 
82" of the latter portion of the same paragraph shall be deemed to be "Article 
160." 
(4) In case of Paragraph (1), "Paragraph (1) of Article 133, Paragraph (1) of 
Article 134, and Paragraph (1) of Article 137" in Paragraph (1) of Article 154 
of the Patent Act shall be deemed to be "Paragraph (1) of Article 94." 
(5) In case of Paragraph (1), "Paragraph (1) of Article 133, Paragraph (1) of 
Article 134, Article 135, and Paragraph (1) of Article 137" in Paragraph (1) of 
Article 165 of the Patent Act shall be deemed to be "Paragraph (1) of Article 
94," "Article 132-3, 132-4, 136, or 138" in Paragraph (3) of the same article 
shall be deemed to be "Article 92 or 93," and "a patent attorney" in Paragraph 
(7) of the same article shall be deemed to be "a person." 
(6) In case of Paragraph (1), "a trial against rejection ruling under Article 132-
3 and a decision to quash an amendment under Article 132-4" in Paragraph 
(2) of Article 171 of the Patent Act shall be deemed to be "a trial against 
rejection ruling under Article 93 and a decision to quash an amendment 
under Article 92." 
(7) In case of Paragraph (1), "Article 132-3 or 132-4" in Paragraph (1) of 
Article 176 of the Patent Act shall be deemed to be "Article 92 or 93." 
CHAPTER VIII RETRIAL AND LITIGATION 
Article 1 01 Demand for Retrial IP/NI1 IKOR/P/2 
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(1) The party concerned may demand a retrial against a trial decision which 
has become final and conclusive. 
(2) Article 422 and Paragraph (1) of Article 424 of the Code of Civil Procedure 
shall apply mutatis mutandis to the demand for a retrial against Paragraph (1). 
Article 102 Demand for Retrial against Fraudulent Trial Decision 
(1) Where the parties in a trial acted in collusion to cause a trial decision to be 
rendered with the purpose of injuring the rights or interests of a third person, 
such third person may demand a retrial against the trial decision which has 
become final and conclusive. 
(2) In case of the demand for retrial under Paragraph (1), the parties in the 
trial shall be made joint defendants. 
Article 103 Restriction on Effects of Variety Protection Right Restored by 
Retrial 
The effects of variety protection right shall not extend to any act falling under 
either of the following items, performed in good faith, after the trial decision 
has become final and conclusive but before the demand for a trial has been 
registered: 
(i) where the variety protection right which was invalidated has been restored 
by a retrial; and 
(ii) where the establishment of the variety protection right with respect to a 
variety application previously rejected by a trial decision has been registered 
through a retrial. 
Article 104 Non-Exclusive License for Prior User of Variety Protection Right 
Restored by Retrial 
Where, in the case referred to in any of the items of Article 103, any person, 
who has, in good faith, commercially and industrially exploited the protected 
variety in the Republic of Korea, or been making preparations therefor, after 
the trial decision has become final and conclusive but before the registration 
of the demand for a retrial, shall have a non-exclusive license on the variety 
protection right, said license being limited to the scope of the purpose of such 
exploitation orpreparation. 
Article 1 05 Appeal to Patent Court 
(1) The person, objecting to a trial decision or a decision to quash an 
amendment of a variety protection application, written trial demand, or written IP/NI1 IKOR/P/2 
Page 44 
retrial demand, may appeal to the Patent Court. 
(2) An appeal under Paragraph (1) may be filed only by an appellant, a 
participating party, or a person who has applied participation in the trial or 
retrial but has been rejected. 
(3) An appeal under Paragraph (1) shall be submitted within thirty (30) days 
from the date of receipt of a certified copy of the trial decision or ruling. 
(4) The time limit prescribed in Paragraph (3) is invariable. 
(5) An apeal against matters to be demanded in the trial shall not be filed 
unless the appeal is against a trial decision. 
(6) An appeal against the trial decision or ruling on trial expenses under 
Article 165 of the Patent Act, which is applied mutatis mutandis by Article 100, 
shall not be filed independently from Paragraph (1). 
(7) Any person objecting to a judgment of the Patent Court may appeal to the 
Supreme Court. 
Article 106 Action against Decision on Amount of Remuneration 
(1) A person, who is dissatisfied with a decision on the amount of 
remuneration under Item (ii) of Paragraph (2) of Article 70, may bring an 
action before the court. 
(2) An action under Paragraph (1) shall be filed within thirty (30) days from 
the date of receipt of a certified copy of the arbitration decision. 
(3) In an appeal under Paragraph (1), the variety protection right holder, 
exclusive licensee, or non-exclusive licensee shall be the defendant. 
Article 107 Mutatis Mutandis Application of Patent Act and Others 
(1) Article 180 and 184 of the Patent Act and Paragraph (1) of Article 429 of 
the Code of Civil Procedure shall apply mutatis mutandis to the procedure 
and demand of a retrial with respect to variety protection. 
(2) Articles 187, 188, and 189 shall apply mutatis mutandis to the litigation 
with respect to variety protection. 
(3) In case of Paragraph (2), "the Commissioner of the Korean Industrial 
Property Office" in the main portion of Article 187 of the Patent Act shall be 
deemed to be "the Minister of the Ministry of Agriculture and Forestry," 
"Paragraph (1) of Article 133, Paragraph (1) of Article 134, Paragraph (1) of 
Article 135, Paragraph (1) of Article 137, and Paragraphs (1) and (3) of Article 
138" of the proviso of the same article shall be deemed to be "Paragraph (1) 
of Article 94," and "Paragraph (1) of Article 186" in Paragraph (1) of Article 
189 of the Patent Act shall be deemed to be "Paragraph (1) of Article 1 OS." 
PART III VARIETY DENOMINATION Article 108 Variety Denomination IP/N/1/KOR/P/2 
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(1) A variety falling under any of the following items shall have its unique 
variety denomination: 
(i) a variety for which an application for variety protection is to be filed 
under Paragraph (1) of Article 26; 
(ii) a variety for which an application for the entry in a catalogue of varieties 
is to be filed under Paragraph (1) of Article 155; and 
(iii) a variety for which a declaration to produce and sell its seed is to be 
submitted under Paragraph (3) of Article 138. 
(2) Where a denomination has already been registered, or its registration has 
been applied, in the Republic of Korea or in another country, that 
denomination alone shall be used; however, a denomination which is contrary 
to ordre public or morality shall not be used. 
Article 109 Requirements for Variety Denomination Registration 
A variety denomination falling under any of the following items may not be 
registered under Paragraph (8) of Article 111 : 
(i) the variety denomination which is indicated solely in terms of a number 
or sign; 
(ii) the variety denomination indicating the origin, quality, yield, price, use, 
or production time of the variety or harvested material of the variety; 
(iii) the variety denomination which is identical with or similar to the variety 
denomination of another variety of the species or genus of the plant to which 
the variety belongs, and therefore, it is likely to cause mistake or confusion; 
(iv) the variety denomination for which variety is derived from another 
variety contrary to the fact, or which is likely to cause mistake or confusion as 
to be related to another variety; 
(v) the variety denomination using the denomination of the species or 
genus of the plant, or which is likely to cause mistake or confusion as to be 
the denomination of the species of genus of the plant; 
(vi) the variety denomination which is liable to disturb public order or good 
public morals; 
(vii) the variety denomination including the name or title, or their short 
names, of a renowned person; however, in case of obtaining approval of that 
person, this provision shall not apply; 
(viii) the variety denomination which is likely to cause mistake or confusion 
as to its origin; and 
(ix) the variety denomination for which application for registration has been 
filed under the Trademark Act prior to the filing date of the variety 
denomination application, or which is identical with or similar to a registered 
trademark, and therefore, it is likely to cause mistake or confusion. 
Article 110 First-to-File Rule IPINI1IKORlP/2 
Page 46 
(1) Where two (2) or more applications for the registration of a variety 
denomination relating to an identical variety denomination have been filed, 
only the applicant having the earlier filing date may obtain a variety 
denomination registration for the variety denomination. 
(2) Paragraphs (2) and (5) of Article 21 shall apply mutatis mutandis to 
Paragraph (1). 
Article 111 Registration Procedure of Variety Denomination 
(1) Any person wishing to obtain a variety denomination registration 
(hereinafter referred to as an "applicant for variety denomination registration") 
shall file an application for the registration of a variety denomination with the 
Minister of the Ministry of Agriculture and Forestry. 
(2) An application for the registration of a variety denomination shall be 
deemed to have been filed if its application for variety protection in case of 
Item (i) of Paragraph (1) of Article 108, its application for entry in a catalogue 
of varieties in case of Item (ii) of the same paragraph, or a declaration on the 
production and sale of the variety in case of Item (iii), is filed with the Minister 
of the Ministry of Agriculture and Forestry. 
(3) An examiner shall examine whether requirements for the variety 
denomination under Article 109 have been met for variety denominations 
which have been filed in accordance with Paragraph (1). 
(4) An examiner shall render a rejection ruling against an application for the 
registration of a variety denomination, if the variety denomination filed falls 
under any of the following items (hereinafter referred to as "reasons for 
rejection"): 
(i) where an application for variety protection has been rejected by a ruling 
under Paragraph (1) of Article 37; 
(ii) where the variety denomination is in violation of Paragraph (1) of Article 
108; 
(Hi) where the variety denomination falls under any of the items in Article 
109; 
(iv) where registration of the variety denomination can not be obtained 
under Article 110; and 
(v) where an application for the entry in a catalogue of varieties has been 
rejected under Paragraph (2) of Article 116. 
(5) Where an application for the registration of a variety denomination is to be 
rejected in accordance with Items (ii) through (iv) of Paragraph (4), the 
examiner shall notify the applicant for variety denomination registration of the 
reasons for rejection, and request him to submit a new variety denomination 
within thirty (30) days from the date of receipt of the notification. 
(6) Where the examiner finds no reason for rejecting an application for the 
registration of a variety denomination under Paragraph (1), he shall publish 
the application in the Official Gazette. 
(7) Where an application for the registration of the variety denomination is IP /N/l/KORIP 12 
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published under Paragraph (6), any person can file an opposition to the grant 
of variety protection with the Minister of the Ministry of Agriculture and 
Forestry within sixty (60) days from the date of publication of an application. 
(8) Where no reasons for rejecting a variety protection applications are found 
after completion of the procedures of publishing an application for the 
registration of a variety denomination under Paragraph (6) and of filing an 
opposition against the registration of a variety denomination under Paragraph 
(7), the Minister of the Ministry of Agriculture and Forestry shall register the 
variety denomination in a variety denomination register without delay and 
notify the applicant of the registration. 
(9) Paragraph (2) of Article 41, Articles 42 through 45 shall apply mutatis 
mutandis to a rejection ruling under Paragraph (4) and an opposition filing 
under Paragraph (7). 
Article 112 Use of the Variety Denomination 
(1) No person shall sell, distribute, import, or export the seeds by falsely 
using a variety denomination of a variety of another person other than the 
protected variety of which establishment has been registered under 
Paragraph (2) of Article 55, or by using a variety denomination which has not 
been registered in a variety denomination register under Paragraph (8) of 
Article 111. 
(2) In using a registered variety denomination under Paragraph (8) of Article 
111, an applicant for the registration of a variety denomination or a successor 
of the variety may indicate a trademark name, etc. along with the variety 
denomination. In this case, the variety denomination shall be readily 
distinguishable. 
Article 113 Cancellation of a Denomination 
(1) The Minister of the Ministry of Agriculture and Forestry shall cancel a 
variety denomination registered under Paragraph (8) of Article 111, if the 
variety denomination falls under any of the following items: 
(i) when a reason for rejecting the variety denomination under Items (2) 
through (4) of Paragraph (4) of Article 111 has been found; 
(ii) when a judicial decision prohibiting the use of the variety denomination 
has been produced; and 
(iii) any other cases prescribed by a Presidential Decree. 
(2) When a variety denomination is to be cancelled under Paragraph (1), the 
Minister of the Ministry of Agriculture and Forestry shall notify the applicant of 
the registered variety denomination of the reasons for cancellation and 
request him to submit a new variety denomination within thirty (30) days from 
the date of the notification. 
(3) Paragraphs (3) through (9) of Article 111 shall apply mutatis mutandis to a 
new variety denomination which has been submitted under Paragraph (2). IP/N/l/KOR/P/2 
Page 48 
PART IV MANAGEMENT OF VARIETY PERFORMANCE 
Article 114 Plants to be Entered in an Official Catalogue of Varieties 
Objects of the entry in an official catalogue of varieties to manage the variety 
performance of the seeds of the plants which are important for the sake of 
stability in agricultural, forestry, and fishery production shall include rice 
plants, barley, beans, corn, potatoes, and any other plants prescribed by a 
Presidential Decree. however, a corn which is imported for forage shall not be 
included. 
Article 115 Application for Entry in a Catalogue of Varieties 
(1) Any person desiring to enter a variety of a plant under Article 114 
(hereinafter referred to as an "applicant for the entry in a catalogue of 
varieties") shall file an application for the entry in a catalogue of varieties with 
the Minister of the Ministry of Agriculture and Forestry along with seed 
samples of the variety attached thereto. 
(2) Matters relating to the description in an applciation for the entry in a 
catalogue of varieties under Paragraph (1) shall be prescribed by the 
Ordinance of the Ministry of Agriculture and Forestry. 
Article 116 Examination of the Variety for which Entry in a Catalogue of 
Varieties is Applied 
(1) The Minister of the Ministry of Agriculture and Forestry shall examine a 
variety, for which an application for the entry in a catalogue of varieties has 
been filed under Paragraph (1) of Article 115, according to the standards for 
examination of variety performance prescribed by the Ordinance of the 
Ministry of Agriculture and Forestry. 
(2) In the case that a variety, for which an application for the entry in a 
catalogue of varieties has been filed, fails to meet the requirements for 
examination standards of variety performance under Paragraph (1), the 
Minister of the Ministry of Agriculture and Forestry shall reject the application 
for the entry of the variety. 
(3) Where an application for the entry in a catalogue of varieties is to be 
rejected in accordance with Paragraph (2), the Minister of the Ministry of 
Agriculture and Forestry shall notify the applicant for the entry in a catalogue 
of varieties of the reasons for rejection, and give him an opportunity to submit 
a written opinion within a time limit designated. 
(4) Where no reasons for rejecting an application for the entry in a catalogue 
of varieties are found after completion of an examination under Paragraph (1), IP/N/l/KORlP/2 
Page 49 
the Minister of the Ministry of Agriculture and Forestry shall enter the variety 
in a catalogue of varieties without delay and notify the applicant of the entry. 
Article 117 Publication of the Variety Entered in a Catalogue of Varieties 
Where a variety is entered in a catalogue of varieties under Paragraph (4) of 
Article 116, the Minister of the Ministry of Agriculture and Forestry shall 
publish the type of a plant to which the variety belongs, variety denomination, 
duration of the entry in accordance with Article 118, etc. Where duration of 
the entry is extended under Paragraph (2) of Article 118, the above provision 
shall also apply. 
Article 118 Duration of the Entry in a Catalogue of Varieties 
(1) The entry of a variety in a catalogue of varieties under Paragraph (4) of 
Article 116 shall expire at the end of the tenth (10th) calendar year following 
the date of its entry of the next year. 
(2) The duration of the entry in a catalogue of varieties under Paragraph (1) 
may be extended by requesting for an extension of time. 
(3) An extension of time of the entry in a catalogue of varieties under 
Paragraph (2) shall be requested within one (1) year of the expiration date of 
the duration of the entry in a catalogue of varieties. 
(4) Where an extension of time of the entry is requested under Paragraph (2), 
the Minister of the Ministry of Agriculture and Forestry may not reject such 
request as long as the variety retains variety performance which is the same 
as that at the time of its entry in a catalogue of varieties. 
Article 119 Cancellation of the Entry in a Catalogue of Varieties 
(1) The Minister of the Ministry of Agriculture and Forestry may cancel the 
entry of a variety in a catalogue of varieties, if the variety falls under any of 
the following items; however, the entry of the variety in Items (iv) and (v) shall 
be cancelled: 
(i) when the variety fails to meet the requirements for examination 
standards of variety performance prescribed in Paragraph (1) of Article 116; 
(ii) when the cultivation of the variety caused damage to environment or is 
likely to cause such damage; 
(iii) when the variety denomination falls under any of the items in 
Paragraph (1) of Article 113 and the registered variety denomination is 
cancelled; 
(iv) when the entry of the variety in a catalogue of varieties is obtained 
through a fraudulent act or any unActful method; and 
(v) when one variety is entered under two (2) or more variety 
denominations in duplicate (excluding the variety which has been entered first IP/NIl/KOR/P/2 
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among all). 
(2) Paragraphs (2) and (3) of Article 37 shall apply mutatis mutandis to 
cancellation of the variety entry in a catalogue of varieties under Paragraph 
(1 ). 
Article 120 Maintenance of a Catalogue of Varieties 
The Minister of the Ministry of Agriculture and Forestry shall maintain a 
portion of a catalogue of varieties related to the variety for the entire duration 
of the entry of the variety prescribed in Article 118. 
Article 121 Production of the Seed of a Variety Entered in a Catalogue of 
Varieties 
The Minister of the Ministry of Agriculture and Forestry desiring to 
produce the seed of a variety which is entered in a catalogue of varieties 
under paragraph (4) of Article 116 may have a person fall ing under any of the 
following items produce the seed: 
(i) Minister of the Ministry of Ocean Industry, Administrator of the Rural 
Development Administration, or Administrator of the Forestry Administration; 
(ii) Mayor of Seoul, Mayors of Wide Cities, or Provincial Governors 
(hereinafter referred to as "Mayors or Provincial Govenors"); 
(iii) Any agricultural, forestry, and fishery organization prescribed by a 
Presidential Decree (hearinafter referred to as an "agricultural organization"); 
and 
(iv) any seed merchant, farmer, or fisherman prescribed by the Ordinance 
of the Ministry of Agriculture and Forestry. 
Article 122 Management of Maintenance of the Variety Entered in a 
Catalogue of Varieties 
(Deleted) 
Article 123 Order to Prohibit Cultivation 
(Deleted) 
PART V CERTIFICATION OF THE SEED 
Article 124 Classification of Seed Certification IP/N/l/KORlP/2 
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The certification of the seeds is classified into certification by the Minister of 
the Ministry of Agriculture and Forestry (hereinafter referred to as "national 
certification") and certification by a seed quality manager (hereinafter referred 
to as "internal certification"). 
Article 125 Objects of National Certification 
(1) A case falling under either of the following items shall be subject to 
national certification: 
(i) where the seed of a crop to be entered in a catalogue of varieties under 
Article 114 is produced by the Minister of the Ministry of Agriculture and 
Forestry, Mayor, Provincial Governor, or agricultural organization; and 
(ii) where a seed merchant wishes to obtain national certification in order to 
produce and export the seed of a variety of a crop prescribed by the Minister 
of the Ministry of Agriculture and Forestry. 
(2) The Minister of the Ministry of Agriculture and Forestry may recognize the 
seed, which has been certified by an international seed testing organization 
prescribed by a Presidential Decree, to have obtained national certification. 
Article 126 Objects of Internal Certification 
A case falling under either of the following items shall be subject to internal 
certification: 
(i) where the seed of a crop to be entered in a catalogue of varieties under 
Article 114 is produced by a seed merchant; and 
(ii) where a seed merchant wishes to obtain internal certification in order to 
produce and sell seeds of a crop excluding those to be entered in a 
catalogue of varieties under Article 114. 
Article 127 Qualifications of Seed Quality Managers 
(1) Matters relating to the qualifications for seed quality managers shall be 
prescribed by a Presidential Decree. 
(2) Where a seed quality manager has neglected his duties prescribed in this 
Act or committed a serous fault, the Minister of the Ministry of Agriculture and 
Forestry may cancel his qualification or suspend his qualification for a period 
of less than one (1) year. 
(3) The detailed standards for administrative measures under Paragraph (2) 
shall be prescribed by the Ordinance of the Ministry of Agriculture and 
Forestry taking into consideration of the type of violated act, degree of 
violation, etc. 
(4) A seed quality manager shall be registered to the Minister of the Ministry 
of Agriculture and Forestry as prescribed by the Ordinance of the Ministry of 
Agriculture and Forestry, and shall be served a certificate of registration at IP/N/l/KOR/P/2 
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his/her request. 
Article 128 Field Inspection 
(1) A person desiring to produce seeds having national or internal certification 
shall have the seeds be subject to field inspection given by the Minister of the 
Ministry of Agriculture and Forestry or a seed quality manager more than 
once. 
(2) Matters relating to the standards, method, procedure, etc. of the field 
inspection for each seed production step prescribed in Paragraph (1) shall be 
prescribed by the Ordinance of the Ministry of Agriculture and Forestry. 
Article 129 Field Conditions for Seed Production 
A person desiring to produce seeds having national or internal certification 
shall maintain some distance from or install isolation facilities at a CUltivation 
area of a variety or crop that might contaminate in order to prevent the variety 
from being cross-pollinated with other varieties or crops of the same or 
related species. 
Article 130 Seed Examination and Re-Examination 
(1) A person desiring to produce seeds having national or internal certification 
shall have the seeds, which have been produced from a field having passed 
field inspection given by the Minister of the Ministry of Agriculture and 
Forestry or a seed quality manager under Paragraph (2) of Article 128, be 
subject to a seed examination. 
(2) Any person who has an objection to the results of the seed examination 
under Paragraph (1) may request a re-examination to the Minister of the 
Ministry or Agriculture and Forestry or seed quality manager who has 
undertaken the examination. 
(3) Matters relating to he standards, method, procedure, etc. of a seed 
examination for each seed production step or re-examination under 
Paragraph (1) or (2) shall be prescribed by the Ministry of Agriculture and 
Forestry. 
Article 131 Indication of Certification 
(1) A person desiring to sell or distribute a certified seed which has passed 
field inspection under Article 128 and has been subject to a seed examination 
under Article 130 shall indicate the certification thereof. 
(2) Matters relating to the certification indication or duration of the certification 
under Paragraph (1) shall be prescribed by the Ordinance of the Ministry of Agriculture and Forestry. 
Article 132 (Deleted) 
Article 133 Issuance of a Certificate IPINIlIKORlP/2 
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At the request of a person who has had a certified seed having certification 
indication under Paragraph (1) of Article 133 be subject to an examination, 
the Minister of the Ministry of Agriculture and Forestry or seed quality 
manager shall issue a certificate. 
Article 134 Control Examination 
(1) The Minister of the Ministry of Agriculture and Forestry shall give a control 
examintion for a certified seed of a plant prescribed by the Minister of the 
Ministry of Agriculture and Forestry. 
(2) Matters relating to the control examination under Paragraph (1) shall be 
prescribed by the Ordinance of the Ministry of Agriculture and Forestry. 
Article 135 Effects of the Certification 
Effects of the certification shall be deemed to have been lost, if a certified 
seed falls under any of the following items: 
(i) where the certification under Paragraph (1) of Article 131 has not been 
indicated; 
(ii) where the duration of the certification under Paragraph (2) of Article 131 
has been expired; and 
(iii) where the certified seed packed has been unpacked or repacked; 
however, repacking into smaller packages under the authority of a certifying 
agency or seed quality manager who has certified the seed shall not be 
deemed to be the loss of the effects of the certification. 
Article 136 Certification Indication of Unpacked Seeds 
Certification indication of the unpacked seeds under the proviso of Paragraph 
(3) of Article 135 shall have an identical certification indication with that of the 
variety which has been indicated prior to unpacking. 
PART VI CIRCULATION OF THE SEEDS IPINIlIKORlP/2 
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Article 137 Registration of Seed Business 
(1) A person desiring to practice seed business shall be equipped with 
facilities prescribed by a Presidential Decree and register his business with 
the Mayor or Provincial Governor. 
(2) Any person desiring to practice seed business in accordance with 
Paragraph (1) shall have one (1) or more seed managers; however, a person 
desiring to produce and sell the crop seeds prescribed by a Presidential 
Decree may not have a seed manager. 
(3) (Deleted) 
(4) Paragraphs (1) and (2) shall not apply to the case of the propagation, 
production, sales, distribution, export, or import by any of Minister of the 
Ministry of Agriculture and Forestry, Minister of the Ministry of Ocean 
Industry, Administrator of the Rural Development Administration, 
Administrator of the Forestry Administration, Mayors or Provincial Govenors, 
or agricultural organization. 
Article 138 Selling and Distribution of the Seeds 
(1) A person desiring to sell or distribute the seeds to be entered in a 
catalogue of varieties under Article 114 shall enter the seeds in a catalogue of 
varieties under Paragraph (4) of Article 116 and obtain the certification of the 
seed under Article 124, except for the case falling under any of the following 
items: 
(i) where the seed is used as the parents of the first generation hybrid or of 
the synthetic variety; 
(ii) where the seller buys the entire seeds again which have been sold and 
produced for the purpose of propagation; 
(iii) where the seed is used for the purpose of undertaking the test or 
research; 
(iv) where the entire seeds produced are exported; and 
(v) where the seed is used for the purpose of other than seeding. 
(2) Where it is deemed to be necessary for the circulation in spite of the 
provisions in Paragraph (1), the Minister of the Ministry of Agriculture and 
Forestry shall publish the period of selling or distribution of the seeds of a 
cancelled variety, which have been produced prior to the date of cancellation 
or which are being produced, to be until the next calendar year from the date 
of cancellation, even though the entry of the variety in a catalogue of varieties 
has been cancelled in accordance with Paragraph (1) of Article 119. 
(3) Any person desiring to sell, by producing or importing, the seeds of a 
variety other than the seeds of a variety falling under any of the following 
items shall report to the Minister of the Ministry of Agriculture and Forestry 
with seed samples of the variety attached: 
(i) the seed of a variety for which establishment of the variety protection 
right has been registered under Paragraph (2) of Article 55; and 
(ii) the seed of a variety which has been entered in a catalogue of varieties under Paragraph (4) of Article 116. IP/N/l/KORlP/2 
Page 55 
Article 139 Cancellation of the Registration of Seed Business 
(1) Mayors or Provincial Governors may cancel the registration of seed 
business, or order suspension of the business for less than six (6) months, in 
the case that a seed merchant falls under any of the following items: 
(i) when the seed merchant has not initiated his business within one (1) 
year from the date of registration of his business, or has closed his business 
for more than one (1) year continuously without any justifiable reason; 
(ii) when the facilities of the seed business have not satisfied the 
requirements prescribed in Paragraph (1) of Article 137 after the seed 
merchant registered his seed business. 
(iii) when the seed merchant has not hired a seed manager in violation of 
the main provision of Paragraph (2) of Article 137; 
(iv) when the business has been registered through a fraudulent act or 
illegal method; and 
(v) when the seed merchant or seed trader has committed a violation of the 
provisions or order of this Act. 
(2) In the case that a seed merchant continuously runs his business during 
the time of a suspension in violation of a suspension order under Paragraph 
(1), the Mayor or Provincial Governor may cancel the registration of his 
business. 
(3) A person who has been disposed of the provisions of Paragraph (1) shall 
not apply for the re-registration of his seed business unless two (2) years 
have passed from the date of disposal. 
(4) The detailed standards for administrative measures under Paragraph (2) 
shall be prescribed by the Ordinance of the Ministry of Agriculture and 
Forestry taking into consideration of the type of violated act, degree of 
violation, etc. 
Article 140 Import and Export of the Seeds 
(1) A person desiring to import or export crop seeds to be entered in a 
catalogue of varieties in accordance with Article 114 shall report to the 
Minister of the Ministry of Agriculture and Forestry; however, in the case that 
a person prescribed by the Ordinance of the Ministry of Agriculture and 
Forestry imports or exports the seeds in an amount of less than the amount 
prescribed by the Ordinance of the Ministry of Agriculture and Forestry for the 
purpose of undertaking the test or research, this provision shall not apply. 
(2) Imported seeds which fail to meet the requirements for examination of 
variety performance under Paragraph (1) of Article 116 shall not be subject to 
import report under the main provision of Paragraph (1). 
(3) The Minister of the Ministry of Agriculture and Forestry may restrict export 
or import of the seeds or domestic circulation of the imported seeds as IP/N/l/KORlP/2 
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prescribed by the Ordinance of the Ministry of Agriculture and Forestry, in the 
case that it is deemed to incur serious problems in the protection of national 
ecological system and preservation of natural resources. 
(4) (Deleted) 
Article 141 Adaptability Test of Imported Seeds 
(1) A person desiring to import crop seeds, which are prescribed by the 
Minister of the Ministry of Agricuture and Forestry, for the first time in the 
Republic of Korea for the purpose of selling shall have the seeds be subject 
to an adaptability test of imported seeds given by the Minister of the Ministry 
of Agriculture and Forestry. 
(2) In the case that the result of an import adaptability test given in 
accordance with Paragraph (1) fails to meet the requirements for examination 
standards prescribed by the Ordinance of the Ministry of Agriculture and 
Forestry, the Minister of the Ministry of Agriculture and Forestry may restrict 
domestic circulation of the seeds of the variety. 
Article 142 Recommendation of Import of the Variety 
(1) A person desiring to import the seeds at a tax rate of raising permission 
applicable to the market approachg quantity of the Korean raising permission 
symbols in accordance with Marakesh Convention for the establishment of 
WTO shall obtain recommendation from the Minister of the Ministry of 
Agriculture and Forestry. 
(2) The Minister of the Ministry of Agriculture and Forestry may have a related 
agency or organization designated by the Minister of the Ministry of 
Agriculture and Forestry undertake the task of recommending import of the 
seeds under Paragraph (1). In this case, the recommended quanitity for each 
product, recommendation standards, and other matters relating to the 
recommendation shall be prescribed by the Ordinance of the Ministry of 
Agriculture and Forestry. 
Article 143 Indication of Quality of the Circulated Seeds 
A person desiring to sell or distribute the seed which is not subject to national 
or internal circulation shall indicate the year of the production of the seed and 
other matters prescribed by the Ordinance of the Ministry of Agriculture and 
Forestry on a continer or package of the seed. 
Article 144 (Deleted) Article 145 Circulation Inspection, Etc. of the Seeds IPINIlIKOR/P/2 
Page 57 
(1) Where it is deems to be necessary for the production of quality seeds and 
smooth circulation thereof, the Minister of the Ministry of Agriculture and 
Forestry may have a seed merchant or seed trade have a related public 
official enter a place of business, business office, etc. and inspect facilities at 
the time, related documents or files, seeds, etc. or collect the seeds in the 
minimum amount necessary for the inspection. 
(2) The Minister of the Ministry of Agriculture and Forestry may have a related 
public official stop the production or selling of, or seize, the seeds which have 
been produced or sold in violation of this Act. For the seized seeds, their list 
shall be made, and they shall be distributed to a person who has owned or 
possessed the seeds. 
(3) The Minister of the Ministry of Agriculture and Forestry shall have a 
related public official take custody of the seeds which have been seized in 
accordance with Paragraph (2) for one (1) calendar year. 
(4) The Minister of the Ministry of Agriculture and Forestry shall have a 
related public official prohibit the use of the seeds of which preservation 
durations under Paragraph (3) have been expired, and return such seeds to a 
person who has owned or possessed the seeds at the time of seizure thereof; 
however, where return thereof is not possible because the address of a 
person who has owned or possessed the seeds at the time of seizure thereof 
is uncertain or the person rejects receipt of the seeds, such seeds may be 
destroyed. 
(5) When a related public official assumes his duties in accordance with 
Paragraph (1) or (2), he shall have an identification card showing his authority 
and present this card to a person concerned. 
(6) Matters relating to keeping the seeds in accordance with the provisions of 
Paragraph (3) shall be prescribed by the Ordinance of the Ministry of 
Agriculture and Forestry. 
Article 146 (Deleted) 
Article 147 Keeping the Seed Samples 
(1) The Minister of the Ministry of Agriculture and Forestry shall keep and 
manage a prescribed amount of the seed sample, in case of the seed falling 
under any of the following items: 
(i) the seed' of a variety of which establishment of the protection variety 
right has been registered in accordance with the provisions of Paragraph (2) 
of Article 55; 
(ii) the seed of a variety which has been entered in a catalogue of varieties 
in accordance with the provisions of Paragraph (4) of Article 116; and 
(iii) the seed of a variety which has been reported in accordance with the 
provisions of Paragraph (3) of Article 138. IPINIlIKORlP/2 
Page 58 
(2) Matters relating to keeping the seed samples under Paragraph (1) shall 
be prescribed by the Ordinance of the Ministry of Agriculture and Forestry. 
Article 148 Disputes Concerning Circulated Seeds 
(1) Where there is a dispute concerning the seeds under circulation, the 
interested party in the dispute may request for materials on seed certification 
of the variety to the Minister of the Ministry of Agriculture and Forestry or 
seed quality manager who has certified the seed of the variety. 
(2) The interested party in the dispute under Paragraph (1) may request the 
Minister of the Ministry of Agriculture and Forestry to undertake a 
comparative examination between the seed which is subject to the dispute 
and the seed sample which has been kept and managed under Article 147. 
(3) When interested parties in the dispute file an applciation for a comparative 
examination under Paragraph (2), the interested parties shall verify collection 
of the seed samples in dispute jointly and submit sealed seed samples to the 
Minister of the Ministry of Agriculture and Forestry. 
(4) Upon receipt of an application for a comparative examination under 
Paragraph (2), the Minister of the Ministry of Agriculture and Forestry shall 
undertake the comparative examination and notify the interested parties in 
the dispute of the results thereof without delay. 
(5) The Minister of the Ministry of Agriculture and Forestry may have the 
interested parties in the dispute under Paragraph (1) submit materials 
necessary for the comparative examination prescribed in Paragraph (4). 
(6) Where damages related to the variety under circulation have occurred due 
to defects in the seeds, the injured party may demand a compensation 
thereof from the seed merchant as prescribed by the Ordinance of the 
Ministry of Agriculture and Forestry. 
PART VII THE SEED FUND 
Article 149 Establishment of the Seed Fund 
The Government shall establish the seed fund (hereinafter referred to as the 
"fund") for the enhancement of variety performance as well as smooth supply 
of quality seeds and proper management thereof. 
Article 150 Composition of the Fund 
The fund shall be composed of the following funding resources: 
(i) the seeds produced by the Minister of the Ministry of Agriculture and 
Forestry in accordance with Article 121, money earned by selling such seeds, 
and other floating assets; (ii) donation and donated varieties or seeds; 
(iii) transferred fund or borrowed fund from other accounts; 
(iv) surplus fund after balancing the fund; and 
(v) other profits coming from utilizing the fund. 
Article 151 Borrowing of the Fund IPINIlIKOR/P/2 
Page 59 
When it is deemed to be necessary for the utilization of the fund, the Minister 
of the Ministry of Agriculture and Forestry may borrow a fund from the 
financial investment special account, financing institution, or other funds 
based on the subject fund. 
Article 152 Utilization and Management of the Fund 
(1) The fund shall be utilized and managed by the Minister of the Ministry of 
Agriculture and Forestry. 
(2) Matters relating to the utilization and management of the fund shall be 
prescribed by a Presidential Decree. 
Article 153 Classified Accounting 
Where it is deemed to be necessary for the utilization of the fund, the Minister 
of the Ministry of Agriculture and Forestry may handle accounting matters by 
classifying the accounts. 
Article 154 Usage of the Fund 
(1) The fund shall be utilized for a use falling under any of the following items: 
(i) for purchasing the seeds produced or imported by the Minister of the 
Ministry of Agriculture and Forestry under Article 121; 
(ii) for assisting or financing breeding and development of superior 
varieties; 
(iii) repayment of the principal and interest of the borrowed money; 
(iv) expenses necessary for the operation and management of the fund; 
and 
(v) other expenses necessary for the projects prescribed by a Presidential 
Decree in order to fulfill the purpose of establishing the fund. 
(2) Where there are surplus funds, the Minister of the Ministry of Agriculture 
and Forestry may deposit the surplus fund in a financial institution. 
Article 155 Accounting Agency of the Fund IP/NI1 IKORlP/2 
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(1) In order to undertake the task of handling incoming and outgoing of the 
fund, the Minister of the Ministry of Agriculture and Forestry shall have a fund 
accounting supervisor and fund accounting officer hold offices among public 
officials concerned. 
(2) Where a portion of duties to utilize and manage the fund is entrusted or 
consigned in accordance with Article 166, the Minister of the Ministry of 
Agriculture and Forestry shall appoint a fund accounting supervisor or fund 
accounting director, and a fund accounting officer or fund accountant to 
undertake entrusted or consigned duties among the personnel of the 
entrusted or consigned agency. In this case, a fund accounting director shall 
assume the duties of a fund accounting supervisor, and a fund accountant 
shall assume the duties of a fund accounting officer. 
(3) The appointment of a fund accounting supervisor and fund accounting 
officer in accordance with Paragraph (1) may be substituted by designating 
the corresponding positions in a department handling fund accounting 
matters. 
(4) When a fund acounting supervisor or fund accounting director, and a fund 
accounting officer or fund accountant have been appointed by the Minister of 
the Ministry of Agriculture and Forestry in accordance with Paragraphs (1) 
and (2), the Minister of the Ministry of Agriculture and Forestry shall notify the 
Chairman of the Board of Audit and Inspection, the Chairman of the Finance 
and Economy Board, and the President of the Bank of Korea of the 
appointment. 
(5) Among the provisions related to holding offices of the personnel involved 
in accounting matters, those concerning a financial officer and tax collecting 
officer shall apply mutatis mutandis to those concerning a fund accounting 
supervisor or fund accounting director; while those concerning an expenditure 
officer and accounting officer shall apply mutatis mutandis to those 
concerning a fund accounting officer or fund accountant. 
Article 156 Collection of Supporting Fund and Loans 
When a person who has been supported or financed through the fund in 
accordance with Item (ii) of Paragraph (1) of Article 154 is in violation of the 
provisions concerning fund supporting or loans, the Minister of the Ministry of 
Agriculture and Forestry may collect the entire supporting fund, or the entire 
or partial loans, respectively. 
Article 157 Supervision and Order 
Where the utilization and management of the fund has been ,entrusted or 
consigned in accordance with Article 166, the Minister of the Ministry of 
Agriculture and Forestry may order the entrusted or consigned agency to 
submit a report or relevant documents concerning the utilization and 
management of the fund within a range necessary for the supervision, or IPINIlIKORlP/2 
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have a public official concerned investigate the work assignment thereof. 
PART VIII SUPPLEMENTARY PROVISIONS 
Article 158 Seed Council 
(1) The Seed Council shall be established in the Ministry of Agriculture and 
Forestry to advise the Minister of the Ministry of Agriculture and Forestry on 
the matters concerning development of the seed industry, protection of the 
variety protection right, catalogue of variety system, etc. 
(2) The Seed Council is composed of eight (8) or less council members 
including professional experts in each seed industry field and one (1) Actyer. 
(3) Matters relating to the composition and operation of the Seed Council 
shall be prescribed by a Presidential Decree. 
Article 159 Hearing 
The Minister of the Ministry of Agriculture and Forestry, Mayors, or Provincial 
Governors desiring to take a measure falling under either of the following 
items shall give hearing: 
(i) cancellation of the qualification of seed quality managers in accordance 
with Paragraph (2) of Article 127; and 
(ii) cancellation of the registration of seed business in accordance with 
Paragraph (1) or (2) of Article 139. 
Article 160 Official Fees 
(1) A person falling under any of the following items shall pay the official fees: 
(i) a person desiring to register the appointment or change of a variety 
protection agent under Paragraph (4) of Article 3; 
(ii) a person desiring to file an applicaton for variety protection under 
Paragraph (1) of Article 26; 
(iii) a person desiring to claim the right of priority under Paragraph (1) of 
Article 27; 
(iv) a person who has filed an application for variety protection, where an 
application is to be published under Paragraph (1) of Article 38; 
(v) a person desiring to register variety protection under Article 53 
(excluding the registration of establishment of the variety protection right); 
(vi) a person desiring to request for an arbitration decision on the grant of a 
non-exclusive license under Paragraph (1) of Article 68; 
(vii) a person desiring to demand a trial on the variety protection right under 
Articles 92 through 94; 
(viii) a person desiring to demand a retrial under Article 101; IPINIlIKOR/P/2 
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(ix) a person desiring to file an application for the entry in a catalogue of 
varieties under Paragraph (1) of Article 115; 
(x) a person desiring to request for an extension of the duration of the entry 
in a catalogue of varieties under Paragraph (2) of Article 118; 
(xi) a person desiring to obtain national certification under Item (ii) of 
Paragraph (1) of Article 125; 
(xii) a person desiring to be issued of a certification of the seed under 
Article 133; 
(xiii) a person desiring to report the seed to be sold by producing or 
importing under Paragraph (3) of Article 138; 
(xiv) a person desiring to have the seeds be subject to an import 
adaptability test under the main provision of Paragraph (1) of Article 141; and 
(xv) a person desiring to apply for a certified copy, abstract copy, duplicate 
copy, or certificate. 
(2) Matters relating to the official fees, payment method thereof, payment due 
dates thereof, etc. in accordance with the provisions of Paragraph (1) shall be 
prescribed by the Ordinance of the Ministry of Agriculture and Forestry. 
Article 161 Exemption of Official Fees 
Notwithstanding the provisions in Article 160, a case falling under either of 
the following items shall be granted for an exemption from the payment of 
official fees: 
(i) where the Government or a District Self-Ruling Entity is taking the 
procedure for variety protection or the entry in a catalogue of varieties; and 
(ii) where a life protectee under Article 3 of the Life Protection Act is taking 
the procedure for variety protection or the entry in a catalogue of varieties. 
Article 162 Refund of Official Fees 
The official fees which have been paid shall not be refunded, except where 
those fees have been paid by mistake. 
Article 163 Language Used 
All documents specified in this Act shall be in Korean; however, where it is 
necessary to use Chinese characters and other foreign letters, they shall be 
indicated in parentheses, except for the case prescribed by the Ordinance of 
the Ministry of Agriculture and Forestry. 
Article 164 Storage, Etc. of the Documents 
(1) The Minister of the Ministry of Agriculture and Forestry shall store the IP/N/IIKOR/P/2 
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documents relating to the variety protection application or variety protection 
right for five (5) calendar years from the date of abandonment, invalidation, or 
withdrawal of the variety protection application, rejection ruling, or 
extinguishment of the variety protection right. 
(2) Any interested party in variety protection may request inspection or 
copying of the documents related to variety protection applications, variety 
protection right, or an examination given in accordance with Article 35 or 
Paragraph (2) of Article 83 to the Minister of the Ministry of Agriculture and 
Forestry. 
(3) The Minister of the Ministry of Agriculture and Forestry shall not grant a 
request referred to in Paragraph (2), if it is related to any of the following 
items: 
(i) where the variety falls under Item (ii) of Paragraph (3) of Article 57, and 
the applicant of variety protection has requested non-disclosure of the variety; 
(ii) where the documents are for an application for variety protection which 
has not been published; and 
(iii) where it is contrary to ordre public or morality. 
Article 165 Development of Seed Industry 
(1) The Minister of the Ministry of Agriculture and Forestry may support the 
promotion of the seed industry; the collection, evaluation, preservation, and 
management of useful germplasms; and the development of superior 
varieties. 
(2) The Minister of the Ministry of Agriculture and Forestry may assist an 
agent of variety production under Article 121 by providing with the entire or 
partial expenses necessary for the production, distribution, etc. of the variety 
for him. 
(3) The Minister of the Ministry of Agriculture and Forestry may prescribe 
matters which are necessary for the support of collection, evaluation, 
preservation, and management of useful germplsms, and for the systematic 
management of information thereon. 
Article 166 Entrustment and Consignment of the Authority 
A portion of the authority of the Minister of the Ministry of Agriculture and 
Forestry prescribed in this Act may be entrusted or consigned to the 
Administrator of the Rural Development Administration, Administrator of the 
Forestry Administration, or Minister of the Ministry of Ocean Industry, Mayor, 
Provincial Governor, or a legal entity or organization involved in agricultural, 
forestry, and fishery business as prescribed by a Presidential Decree. 
Article 167 Relationship with Other Act Provisions IPINIlIKOR/P/2 
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Matters relating to the seeds for forestry, mulberry nursery stocks and 
silkworm eggs, trees, tobacco seeds, seeds for marine plants, and ginseng 
seeds shall be prescribed by this Act, except where there are special Act 
provisions concerning these seeds in the Forestry Act, Sericulture Act, 
Tobacco Business Act, Fishery Act, and Ginseng Industry Act. 
Article 168 Mutatis Mutandis Application of Patent Act 
To the transmittal of the documents, etc. in the procedure relating to variety 
protection, the provisions of Articles 217 through 220, and 222 of the Patent 
Act shall apply. 
PART IX PENAL PROVISIONS 
Article 169 Offense of Infringement 
(1) Any person falling under any of the following items shall be punished by 
imprisonment for not more than five (5) years or a fine not exceeding thirty 
million (30,000,000) Won: 
(i) a person who infringes a variety protection right or exclusive license; 
(ii) a person who infringes a right under Paragraph (1) of Article 39; 
however, this provision shall apply only where the establishment of a variety 
protection right has been registered; and 
(iii) a person who is rendered a variety protection ruling or trial decision 
through a fraudulent act or any unActful method. 
(2) Prosecution for offenses under Items (i) and (ii) of Paragraph (1) shall be 
initiated upon filing of a complaint by an injured party. 
Article 170 Offense of Perjury 
(1) Where a witness, expert witness or interpreter, having taken an oath 
under Article 154 or 157 of the Patent Act which is applied to in accordance 
with Article 100 of this Act, has made a false statement or given a false 
expert opinion or interpreted falsely before the Examination Committee, he 
shall be punished by imprisonment for not more than five (5) years, or a fine 
not exceeding ten million (10,000,000) Won. 
(2) Any person, having committed an offense under Paragraph (1), who 
admits it before the examiner's decision is rendered or before a trial decision 
on the case becomes final and conclusive, may be partially or entirely 
exempted from the application of the sentence. 
Article 171 Offense of False Marking IP/N/IIKORlP/2 
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Any person who has violated Article 90 shall be punished by imprisonment for 
not more than three (3) years or a fine not exceeding twenty million 
(20,000,000) Won. 
Article 172 Offense of Divulging Secrets 
Where any present or former employee of the Ministry of Argiculture and 
Forestry (including an employee of any organization if the authority is 
entrusted by the Minister of the Ministry of Agriculture and Forestry under 
Article 166) or Examination Committee has divulged or appropriated a variety 
of which application for variety protection is pending to which he had access 
in the course of his duties, he shall be punished by imprisonment for not more 
than two (2) years or a fine not exceeding five million (5,000,000) Won. 
Article 173 Offense of Non-Registration of the Seed Business 
Any person falling under any of the following items shall be punished by 
imprisonment for not more than one (1) year or a fine not exceeding ten 
million (10,000,000) Won: 
(i) a person who has sold, distributed, imported, or exported the seed through 
appropriation of a variety denomination of another person's variety other than 
the protected variety in violation of Paragraph (1) of Article 112; 
(ii) (Deleted) 
(iii) a seed quality manager who has issued a certification prescribed in 
Article 133 falsely; 
(iv) a person who has practiced the seed business without registration thereof 
in violation of Paragraph (1) of Article 137; 
(v) a person who has sold or distributed the crop seed in violation of 
Paragraph (3) of Article 138; 
(vi) a person who has sold by producing or importing the seed of a variety 
without report thereof in violation of Paragraph (3) of Article 138; 
(vii) a person, who has continuously praticed the seed business of which 
registration had been cancelled, or who has continuously practiced the seed 
business after having been ordered suspension of the business, in violation 
of Paragraph (1) of Article 139; 
(viii) a person who has exported or imported, or circulated the imported seed 
in violation of Paragraph (3) of Article 140; 
(ix) (Deleted) 
(x) a person who has imported the seed without having the imported seed be 
subject to an adaptability test of imported seeds in violation of Paragraph 
(1) of Article 141; 
(xi) a person who has produced or sold the seed, of which production or sale 
had been stopped, in violation of Paragraph (2) of Article 145. IPINIlIKORlP/2 
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Article 174 Dual Liability 
Where a representative of a legal entity, or an agent, serviceman, or other 
employee of a legal entity or natural person has committed an act in violation 
of Paragraph (1) of Article 169, Article 171 or 173 with regard to the business 
of the legal entity or natural person, the penalty of fine as prescribed in each 
corresponding article shall also be imposed on the legal entity or natural 
person, in addition to the punishment of the offender. 
Article 175 Confiscation 
(1) The Court shall confiscate, or sentence to deliver to the injured party upon 
request of the injured party, any article which is the subject of an act falling 
under Item (i) or (ii) of Paragraph (1) of Article 169, or any article which is 
produced by such act. 
(2) Where the article is delivered to the injured party under Paragraph (1), he 
may claim the compensation for damages only in the limit to the amount of 
loss exceeding the value of the article. 
Article 176 Administrative Fine 
(1) Any person falling under any of the following items shall be punished by 
an administrtive fine not exceeding five million (5,000,000) Won: 
(i) a person who has sold, distributed, exported, or imported the seed by 
using a variety denomination which had not been registered (including a 
variety denomination of which an application for the registration of the variety 
denomination has been filed or of which an application for the registration of 
the variety denomination is deemed to have been filed) in violation of 
Paragraph (1) of Article 112; 
(ii) (Deleted) 
(iii) (Deleted) 
(iv) (Deleted) 
(v) (Deleted) 
(vi) (Deleted) 
(vii) a person who has exported or imported the seed without reporting in 
violation of the main provision of Paragraph (1) of Article 140; 
(viii) (Deleted) 
(ix) a person who has sold or distributed the seed without indicating quality 
of the circulated seed in violation of Article 143; and 
(x) a person who has refused, hindered, or evaded the inspection or 
seizure prescribed in Paragraph (1) of Article 145. 
(xi) (Deleted) 
(2) Any person falling under any of the following items shall be punished by 
an administrative fine not exceeding five hundred thousand (500,000) Won: IPINIlIKOR/P/2 
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(i) the concerned party, who has taken an oath under Article 271 of the 
Code of Civil Procedure which is applied to under Paragraph (2) of Article 48, 
or his legal representative, and has made a false statement before the 
Ministry of Agriculture and Forestry; 
(ii) a person who has failed to report the purport of the inheritance of a 
variety protection right, exclusive license, or pledge, or other general 
successions in violation of Paragraph (2) of Article 63; 
(iii) a person who has failed to comply with an order to report exploitation 
as prescribed in Article 82; 
(iv) a person other than a witness, expert witness, or interpreter, who has 
taken an oath under Paragraph (8) of Article 154 which is applied to under 
Article 100, and has made a false statement before the Examination 
Committee; 
(v) a person who has failed without any justifiable reason to comply with an 
order of the Examination Committee to submit or present the documents or 
articles relating to evidence investigation or evidence preservation as 
prescribed in Article 157 of the Patent Act which is applied to under Article 
100; 
(vi) a person, who has been summoned by the Examination Committee as 
a witness, expert witness, or interpreter under Article 154 or 157 of the Patent 
Act which is applied to under Article 100, and has failed to comply with the 
subpoena, or has refused to take an oath, make a statement, testify, given an 
expert opinion, or interpret without any justifiable reason. 
(3) The administrative fine prescribed in Paragraph (1) or (2) shall be 
imposed and collected by the Minister of the Ministry of Agriculture and 
Forestry, Mayors, or Provincial Governors (hereinafter referred to as an 
"imposer") as prescribed by a Presidential Decree. 
(4) Any person who objects to the imposition of an administrative fine under 
Paragraph (3) may file an opposition with the imposer within thirty (30) days 
from the date of notification of the imposition. 
(5) The imposer shall, upon receipt of an opposition filed by a person under 
Paragraph (4) who has been disposed of an administrative fine under 
Paragraph (3), notify the opposition without delay to the competent court, 
which shall adjudicate upon the case of an administrative fine in accordance 
with the provisions of the act on non-contentious procedures. 
(6) Where no opposition has been filed within the period prescribed in 
Paragraph (4) and the fine has not been paid, the fine shall be collected on 
the basis of examples of the disposition of national taxes in arrears. 
ADDENDUM 
Article 1 
Entry into Force 
This Act shall enter into force as of December 31, 1997; provided that the 
provisions in Articles 91 through 107 shall enter into force as of March 1, 
1998. IP /N/l/KORlP/2 
Page 68 
Article 2 
Abrogation of Other Acts 
Main Crops Seed Act and Seed and Seedling Control Act shall be abrogated. 
Article 3 
Examples in Mutatis Mutandis Application of Patent Act 
In applying Articles 3 and 9, Paragraphs 1, 2, and 4 of Article 10, Articles 17, 
19 through 23 of the Patent Act under Article 10 of this Act, as well as 
applying Article 157, Paragraphs 3 through 6 of Article 165, and Article 166 of 
the Patent Act under Article 48 of this Act, the corresponding provisions in the 
same Act to be effective as of March 1, 1998 shall be deemed to be applied; 
however, from the enforcement date of this Act to February 28, 1998, the 
corresponding provisions in the Patent Act at the time of enforcement of this 
Act shall be deemed to be applied. 
Article 4 
Interim Measures for Known Varieties 
at the time of Enforcement of this Act 
(1) Among the varieties which have been known at the time of enforcement 
of this Act, notwithstanding Paragraph (1) of Article 13, a variety falling under 
any of the following items shall be entitled for variety protection under this Act, 
where an application for variety protection thereof is filed within one (1) year 
from the enforcement date of this Act: 
(i) a variety which has been registered under Article 6 of the previous Seed 
and Seedling Control Act; 
(ii) a variety of a superior seed specified under Article 2 of the previous 
Main Crops Seed Act; 
(iii) a variety which has been registered under Paragraph (2) of Article 45 of 
the Forestry Act; 
(iv) a variety of which establishment of the variety protection right has been 
registered in a foreign country; and 
(v) a variety for which identification of the breeder and initial circulation date 
can be verified. 
(2) The duration of the variety protection right for a protected variety under 
Paragraph (1) shall be calculated from the date falling under any of the 
following items; however, where the variety falls under two (2) or more items, 
the earliest date shall be used: 
(i) the date of the registration of the variety, if the variety falls under Item (i) 
of Paragraph (1); 
(ii) the date of being rendered a ruling of the Variety Committee, if the 
variety falls under Item (ii) of Paragraph (1); 
(iii) the date of the registration of the variety, if the variety falls under Item 
(iii) of Paragraph (1); 
(iv) the date of the registration of establishment of the variety protection 
right of the variety, if the variety falls under Item (iv) of Paragraph (1); and 
(v) the date of initial circulation of the variety, if the variety falls under Item (v) of Paragraph (1). IP INIlIKORlP/2 
Page 69 
(3) The effect of the variety protection right of which establishment has been 
registered under Paragraph (1) shall not be extended to any exploitation that 
has been initiated before the filing of an application for variety protection of 
the variety. 
(4) Where variety protection has been granted under Paragraph (1), a person, 
who . has been exploiting the protected variety or has been making 
preparation therefor, in good faith, in the Republic of Korea, prior to the filing 
date of an application for variety protection, shall have a non-exclusive 
license on that variety protection right, but such non-exclusive license shall 
be limited to the purpose of commercial and industrial exploitation of the 
protected variety, which is being made or for which preparations have been 
made. In this case, the non-exclusive licensee shall pay an adequate 
remuneration as consideration to the variety protection right holder. 
(5) Paragraph (2) of Article 75 shall apply mutatis mutandis to the non­
exclusive license under Paragraph (4). 
Article 5 
Interim Measures on the Registration of Variety Denomination 
The variety denomination of the variety falling under any of the items in 
Paragraph (1) of Article 4 of Addendum shall be deemed to be a variety 
denomination which has been registered under Paragraph (8) of Article 111. 
Article 6 
Interim Measures on the Entry of the Seed 
Among the superior varieties which have been produced by the Minister of 
the Ministry of Agriculture and Forestry in accordance with the previous Main 
Crops Seed Act and the varieties which have been registered in accordance 
with the previous Seed and Seedling Control Act, at the time of the 
enforcement of this Act, the variety which is subject to the entry in a 
catalogue of varieties under Article 114 shall be deemed to be a variety 
entered in a catalogue of varieties and published under Article 117, while the 
variety other than those which are subject to the entry in a catalogue of 
varieties shall be deemed to be a variety reported under Paragraph (3) of 
Article 138. 
Article 7 
Interim Measures on Seed Certification 
Among the superior varieties produced by the Minister of the Ministry of 
Agriculture and Forestry in accordance with the previous Main Crops Seed 
Act at the time of the enforcement of this Act, the seed of a variety which is 
subject to the entry in a catalogue of varieties under Article 114 shall be 
deemed to have been certified in accordance with Article 124. 
Article 8 
Interim Measures on the Registration of Seed Business, Etc. 
A person who has reported practice of the seed business under the previous IP/NI1 IKORlP/2 
Page 70 
Seed and Seedling Control Act, at the time of the enforcement of this Act, 
shall be deemed to have registered the seed business under Paragraph (1) 
of Article 137; a person who has registered the seed and seedling business 
under the previous Seed and Seedling Control Act shall be deemed to have 
reported practice of the seed trade under Paragraph (3) of the same article; 
and a person who has reported the seed and seedling business under the 
previous Main Crops Seed Act shall be deemed to have reported the seed 
trade under Paragraph (3) of the same article. In this case, a person who is 
deemed to have registered the seed business shall furnish proper facilities for 
satisfying the standards prescribed in Paragraph (1) of Article 137 and 
employ one (1) or more seed quality managers as prescribed in Paragraph 
(2) of the same article. 
Article 9 
Interim Measures on Report of Import and Export of the Seed 
(1) Application of Paragraph (1) of Article 138 to imported varieties which 
have been imported and sold at the time of the enforcement of this Act shall 
be reprieved for two (2) years. 
(2) A person who has reported import and export of the seed under the 
previous Main Crops Seed Act at the time of the enforcement of this Act shall 
be deemed to have reported import and expoert of the seed under Paragraph 
(1) of Article 140. 
(3) A person who has been recommended import of the seed under the 
previous Main Crops Seed Act or Seed and Seedling Control Act at the time 
of the enforcement of this Act shall be deemed to have been recommended 
import of the seed under Article 142. 
Article 10 
Interim Measures on an Adaptability Test of Imported Seeds 
The seed which has been or is subject to a domestic adaptability test under 
the previous Main Crops Seed Act or Seed and Seedling Control Act at the 
time of the enforcement of this Act shall be deemed to be the seed which has 
been or is subject to an adaptability test of imported seeds under the main 
provision of Paragraph (1) of Article 141. 
Article 11 
Interim Measures on Quality Indication of the Circulated Seeds 
A person who has indicated quality of the seed on a package of the seed and 
seedling under the previous Seed and Seedling Control Act at the time of the 
enforcement of this Act shall be deemed to have indicated the quality of the 
circulated seed under Article 143. 
Article 12 
Interim Measures on Establishment of the Seed Fund 
The seed fund established in accordance with the previous Main Crops Seed 
Act at the time of enforcement of this Act shall be deemed to be the seed 
fund established in accordance with Article 149. Article 13 
Interim Measures on Application of Penal Provisions IPINIlIKOR/P/2 
Page 71 
Application of the penal provisions against actions committed in violation of 
the previous Main Crops Seed Act or Seed and Seedling Control Act at the 
time of enforcement of this Act shall be governed by the previous Act. 
ADDENDUM <08108196> 
Articles 1 through 4 Deleted 
ADDENDUM <12/12/96> 
Article 1 
Entry into Force 
This Act shall enter into force as of January 1, 1997. 
Articles 2 through 6 (Deleted) 
ADDENDUM <12/13/97> 
Article 1 
Entry into Force 
This Act shall enter into force as of January 1, 1998. 
Article 2 (Deleted) 
ADDENDUM <01/21/99> 
(1) (Entry into Force) This Act shall enter into force as of July 1. 1999. 
(2) (Interim Measures on Penal Provisions) Application of the penal provisions 
against actions prior to enforcement of this Act shall be governed by the 
previous Act. 
[End of Document] 
In case of controversy caused by translation of these provisions into another 
language, the Korean text will prevail. IPINIlIKOR/P/2 
Page 72 
Enforcement Decree of 
the Seed Industry Act 
Presidential Decree No. 15576 on December 31, 1997 
As last amended by Presidential Decree No. 16442, June 30, 1999 
-TABLE OF CONTENTS -
~ GENERAL PROVISIONS ............................................................. ...................................... 5 
Article 1 Purpose of the Enforcement Decree ............................................................................. 5 
Article 2 Definitions .................................................................................................................... 5 
PART.IL. __ .PROTECT.lOIY..oEIHE..RlGHrs.JJE.THE.BREEDERAlYILOTHEKPRO.vISIONS. .... 5 
Article 3 Performance of the Procedure by Non-Resident ......................................................... 5 
Article 4 Report of the Variety bred by an Employee ................................................................. 5 
Article 5 Determination of Succession ........................................................................................ 6 
Article 6 Assignment of Rights .................................................................................................... 6 
Article 7 Application for Variety Protection ............................................................................... 6 
Article 8 Application for Variety Protection by an Employee Breeder ...................................... 7 
Article 9 Registration of Establishment of the Variety Protection Right ................................... 7 
Article 10 Disposal of Nationally Owned Variety Protection Right ............................................ 7 
Article 11 Principles for the Establishment of an Exclusive License and Other Matters .......... 8 
Article 12 Approval of the Nationally Owned Variety Protection Right .................................... 8 
Article 13 Duration of Enforcement of the Exclusiye License and Others ................................. 8 
Article 14 Method of Disposal of the Nationally Owned Variety Protection Right .................... 9 
Article 15 Application for the private Contract ......................................................................... 9 IP/N/l/KOR/P/2 
Page 73 
Article 16 Request for Materials to Compute the Expected Amount ........................................ 10 
Article 17 Expected Amount ...................................................................................................... 10 
Article 18 Public Announcement of the DisposaI... .................................................................... 10 
Article 19 Preparation for an Agreement .................................................................................. 11 
Article 20 Notification of the Result of Disposal ........................................................................ 11 
Article 21 Method of Payment of Assignment Charge and Others ........................................... 11 
Article 22 Handling of Assignment Charge and Other Fees ..................................................... 11 
Article 23 Termination of an Agreement ................................................................................... 11 
Article 24 Hearing of Opinion of the Seed Committee with respect to Disposal of the 
NationaUy __ Q1Yned_Yarien_.P_roif.cti!ln_Right ..............................................................................••... 12 
Article.25 ________ Keeping._of.a_Le.dger. ....................................•......................••...•.•.•...•.........•...........•... 12 
Articlc_2.6 ________ C_oIllP_cn.s.atioo_for._Regis.t.r.ati_on ••.•..••........••...............•••........•.•..................••••....••••.... 12 
Article_21 _______ Remuneratiun_oLthe __ Natiooally._O.lYUed_Yariety_P.r.otection_Right_and_QfucL 
Payments ......................................................................................................................................... 13 
Article 28 Payment of Sbares of Compensation ......................................................................... 14 
Article 29 Compensation after Change of Employment, Resignation, or Death ....................... 14 
Article 30 Non-Return of Compensation and other Rewards ................................................... 15 
Article 31 Mutatis Mutandis Application ................................................................................... 15 
Article 32 Description of Properties of the Variety and Other Matters .................................... 15 
Article 33 Change of Gist of the Application for Variety Protection ......................................... 15 
Article 34 Qualifications for Examiners .................................................................................... 16 
Article 35 Self-Collection of Seeds by Farmers .......................................................................... 16 
Article 36 Exception for Arbitration Decision on Grant of Non-Exclusiye License .................. 16 
Article 37 Composition of Variety Protection Trial Committee ................................................ 17 
Article 38 Qualifications for the Trial Members ........................................................................ 17 
Article 39 Executiye Secretary ................................................................................................... 18 
Article 40 Cancellation of a Variety Denomination ................................................................... 18 
PARTYl MANAGEMENT OF VARlETYPERFORMANCE ........................................................ 18 IPINIlIKOR/P/2 
Page 74 
Article ·H Scope of AgriculturaLOrganization, Etc .. ::::.::::.:::::::: ...... ::.:: ....... :: .. : .... ::: .... :: ........ : .. 18 
Article 42 (Deleted) ............................... : ................. :.: ..... : ............................ :: .............. :.: ........... 19 
Article 43 (Deleted) ...... : .................... : .......................... : .................................... :: .................. : .... 19 
PART..lv.. ........ CERIlFICATIQN.QEIHE..SEE12 .. ::: ....... ::::::.::::: ...... : ...... : ........ :.::: .......... ::.: .. :::: ... ::: .... 19 
Article 44 International Seed Testing Organization ................................................................. :19 
Article 45 Qualifications of Seed Quality Managers .................................................................. 19 
PtiRI..J!.. ....... CIRCULAT.ION.OE.IHE.SEE]).S.::::: ...... :::: ...... ::.:: ..... ::: ....... :::::.: .. :.::: .. : ... ::::: ........ :::.:: .... 20 
Article 46 Standards for Facilities for the Seed Business .......................................................... 20 
Article 47 Registration of Seed Business and Other Matters .................................................... 20 
Article 48 Exception for Having a Seed Manager ..................................................................... 21 
Article 49 (Deleted) .................................................................................................................... 21 
Article 50 Restriction to Domestic Circulation of the Exported or Imported Seeds ................. 21 
Article 51 (Deleted) .................................................................................................................... 22 
Article 52 (Deleted) .................................................................................................................... 22 
PtiRI..J![ .... JHE_SEE]).FUNJ) ......... :.: ......... : .. : ........... : .......... : ... : ........................... ::: ..... :.::.::::: ..... : ... 22 
Article 53 Plans to Operate the Seed Fund ................................................................................ 22 
Article 54 Establishment of the Fund Account .......................................................................... 23 
Article 55 Appointment of Accounting Organization, Etc. ....................................................... 23 
Article 56 Duties of Accounting Organization ........................................................................... 23 
Article 57 Designation of a Transaction Office .......................................................................... 24 
Article 58 Collection Procedures of the Fund ............................................................................ 24 
Article 59 Expenditure Procedures of the Fund ........................................................................ 24 
Article 60 Allocation of the Limit of Fund Expenditure ............................................................ 25 
Article 61 Expenditure-Causing Act of the Fund ...................................................................... 25 
Article 62 Report for the Operation of the Fund ....................................................................... 25 
Article 63 Accounting Statement of the Fund ............................................................................ 26 
Article 64 Mutatis Mutandis Application of Other Act Pmrisions ............................................. 26 IP/N/IIKOR/P/2 
Page 75 
Article 65 Usage of the Fund ...................................................................................................... 26 
PART .. VIl ....... £UPPL.EMEJY.IARY..PR.Q}!lSlQNS ............................................................................... 27 
Article 66 Composition of the Seed Council .............................................................................. 27 
Article 67 Term and Maintenance of Status of a Council Member ........................................... 27 
Article 68 Duties of the Head of the Council .............................................................................. 28 
Article 69 Conyocation and Making Decision of the Council .................................................... 28 
Article 70 AlIolrance .................................................................................................................. 28 
Article 71 Executh-e Secretary ................................................................................................... 28 
Article 72 Entrustment and Consignment of the Authority ...................................................... 28 
Article 73 Document to be Transmitted ..................................................................................... 36 
Article 74 Transmittal of Documents, Etc. ................................................................................. 37 
Article 75 Imposition of an Administratiye Fine ....................................................................... 38 
ADDENDUM .................................................. ..................................................................................... 38 
ADDENDUM <04/01198> ...........•................................ ........................................................................ 39 
ADDENDUM <08/11/98> ............................................. ....................................................................... 39 
ADDENDUM <02/26/99> ............................................ ...................................................... .................. 40 
ADDENDUM <06/30/99> .............................................. ...................................................... ................ 40 IP/NIl/KORlP/2 
Page 76 
PART I GENERAL PROVISIONS 
Article 1 Purpose of the Enforcement Decree 
The purpose of the Enforcement Decree is to prescribe matters entrusted in 
the Seed Industry Act and matters necessary for their enforcement. 
Article 2 Definitions 
For the purpose of this Enforcement Decree: 
(i) "Variety bred by an employee" means a variety which is bred or 
discovered and developed by a public official falling under the scope of duties 
of the Government or District Self-Ruling Entity by reason of its nature, and 
an act or acts of breeding, or discovery and development of the variety are 
part of the present or past duties of the public official; and 
(ii) "nationally owned variety protection right" means a variety protection 
right which is registered under the name of the Government pursuant to the 
Seed Industry Act (hereinafter referred to as "Act"). 
PART 11 PROTECTION OF THE RIGHTS OF THE BREEDER 
AND OTHER PROVISIONS 
Article 3 Performance of the Procedure by Non-Resident 
" ... or the case that a Presidential Decree otherwise prescribes" in Paragraph 
(1) of Article 3 of the Act means the case that a non-resident who is 
represented by a variety protection agent (or the representative in case of a 
legal entity). 
Article 4 Report of the Variety bred by an Employee IPINIlIKORlP/2 
Page 77 
A public official who has bred, or discovered and developed a new variety as 
a matter of duty (hereinafter referred to as an "employee breeder") shall 
report matters related to that variety without delay to the head of the 
organization to which he/she belongs (hereinafter referred to as the "head of 
breeding organization") as prescribed by an Ordinance of the Ministry of 
Agriculture and Forestry. 
Article 5 Determination of Succession 
(1) The head of breeding organization who has received a report pursuant to 
Article 4 and Paragraph (2) of Article 8 of this Enforcement Decree shall 
determine whether the variety belongs to a variety bred by an employee. 
(2) The head of breeding organization shall notify matters which have been 
determined pursuant to the above Paragraph (1) to the employee breeder in 
writing. 
Article 6 Assignment of Rights 
Upon receipt of notification from the head of breeding organization that the 
new variety which has been bred, or discovered and developed by him/her 
belongs to a variety bred by an employee, an employee breeder shall assign 
the right of being entitled to variety protection to the head of breeding 
organization without delay. 
Article 7 Application for Variety Protection 
(1) The head of breeding organization who has been assigned the right of 
being entitled to variety protection pursuant to the above Article 6 shall apply 
for variety protection to the Minister of the Ministry of Agriculture and Forestry 
without delay. 
(2) Application for variety protection pursuant to the above Paragraph (1) 
shall be done under the name of the head of breeding organization. 
(3) When the variety protection is applied for pursuant to the above IPINIlIKOR/P/2 
Page 78 
Paragraph (1), the head of breeding organization shall notify such fact to the 
employee breeder in writing. 
Article 8 Application for Variety Protection by an Employee Breeder 
(1) Unless an employee breeder is notified by the head of breeding 
organization that the new variety which has been bred, or discovered and 
developed by him/her does not belong to the variety bred by an employee, 
he/she shall not apply for variety protection under his/her name. However, 
this shall not be applicable if it is deemed to be necessary to apply for variety 
protection under the name of an employee breeder urgently. 
(2) When an employee breeder has applied for variety protection pursuant to 
the proviso of the above Paragraph (1), he/she shall report such content to 
the head of breeding organization as prescribed by an Ordinance of the 
Ministry of Agriculture and Forestry. 
Article 9 Registration of Establishment of the Variety Protection Right 
If the variety bred by an employee for which variety protection has been 
applied pursuant to Paragraph 1 of Article 7 is decided to be entitled to variety 
protection pursuant to Article 46 of the Act, the Minister of the Ministry of 
Agriculture and Forestry shall register for the establishment of variety 
protection right for the variety bred by the employee under the name of the 
nation as shown below without delay: 
(i) Variety protection right holder: Nation 
(ii) Managing department: Ministry of Agriculture and Forestry 
(iii) Succeeding organization: Ministry of Agriculture and Forestry 
Article 10 Disposal of Nationally Owned Variety Protection Right 
In principle, a non-exclusive license shall be granted in the assignment with a 
consideration, establishment of an exclusive license, or grant of a non­
exclusive license of the nationally owned variety protection right (hereinafter IPINIlIKORIP/2 
Page 79 
referred to as "disposal of the nationally owned variety protection right"). 
However, the Minister of the Ministry of Agriculture and Forestry may assign 
the nationally owned variety protection right with a consideration or establish 
an exclusive license for others if no person desires to be granted the non­
exclusive license or it is deemed to be necessary for the enforcement of the 
non-exclusive license in the disposition of the corresponding nationally owned 
variety protection right. 
Article 11 Principles for the Establishment of an Exclusive License and Other 
Matters 
(1) Establishment of an exclusive license or grant of a non-exclusive license 
for the nationally owned variety protection right shall be with remuneration. 
(2) If the nationally owned variety protection right is enforced directly by the 
head of a Government organization (including the head of breeding 
organization; hereinafter the same), the above may be without remuneration 
as prescribed by an Ordinance of the Ministry of Agriculture and Forestry. 
Article 12 Approval of the Nationally Owned Variety Protection Right 
(1) The head of a Government organization desiring to enforce the nationally 
owned variety protection right shall obtain approval of the Minister of the 
Ministry of Agriculture and Forestry. 
(2) The head of a Government organization desiring to obtain approval under 
Paragraph (1) shall submit an application for approval with the following 
documents attached to the Minister of the Ministry of Agriculture and Forestry: 
(i) one copy of business planning related to the enforcement of the 
nationally owned variety protection right; and 
(ii) one copy of estimate of enforcement fees (one copy of reason for 
enforcement if the enforcement is without remuneration under Paragraph (2) 
of Article 11). 
Article 13 Duration of Enforcement of the Exclusive License and Others IP/N/l/KORlP/2 
Page 80 
In the establishment of an exclusive license or approval of a non-exclusive 
license for a nationally owned variety protection right, duration of its 
enforcement shall be within seven (7) years from the date of reaching an 
agreement on the establishment of the corresponding exclusive license or 
approval of the non-exclusive license. 
Article 14 Method of Disposal of the Nationally Owned Variety Protection 
Right 
Disposal of the nationally owned variety protection right shall be according to 
the general competitive bid method. However, in any of the following cases, 
disposal may be according to the private contract method: 
(i) when employing the general competitive bid method is not feasible as 
the technology or facilities of a specific person are required for the 
enforcement of the nationally owned variety protection right; 
(ii) when the nationally owned variety protection right is assigned to an 
exclusive licensee; 
(iii) when the agreement is re-established with the enforcement fees 
increased after expiration of establishment of the exclusive license or of 
approval of the non-exclusive license; 
(iv) when there is no time to employ the general competitive bid method 
due to natural disaster, war, incident, or the corresponding national 
emergency; or 
(v) when the bid was not successful for more than twice or a person taking 
the bid failed to establish an agreement. 
Article 15 Application for the Private Contract 
A person desiring to be disposed of the nationally owned variety protection 
right according to the private contract method under proviso of Article 14 shall 
submit an application for private contract with the following documents 
attached to the Minister of the Ministry of Agriculture and Forestry: 
(i) one copy of business planning related to the enforcement of the nationally owned variety protection right; and IP/N/IIKORlP/2 
Page 81 
(ii) one copy of estimate of assignment charge or estimate of enforcement 
fees. 
Article 16 Request for Materials to Compute the Expected Amount 
The Minister of the Ministry of Agriculture and Forestry desiring to dispose of 
the nationally owned variety protection right (excluding the case of enforcing 
without remuneration by the head of a Government organization under 
Paragraph (2) of Article 11; hereinafter the same in Articles 17 and 27) may 
request for the submission of materials which are necessary in computing the 
expected amount of the assignment charge or enforcement fees of the 
nationally owned variety protection right. 
Article 17 Expected Amount 
The Minister of the Ministry of Agriculture and Forestry desiring to dispose of 
the nationally owned variety protection right shall determine the expected 
amount referring to materials to compute the expected amount submitted by 
the head of breeding organization under Article 16. 
Article 18 Public Announcement of the Disposal 
The Minister of the Ministry of Agriculture and Forestry desiring to dispose of 
the nationally owned variety protection right according to the general 
competitive method under the main provision of Article 14 shall announce 
publicly matters necessary for the bid including the name of variety, the type 
of disposal, the date and place of bid, qualification for participation in the bid, 
etc. of the corresponding nationally owned variety protection right thirty (30) 
days prior to the date of bid in the official gazette, a newspaper, or other 
means. IP/N/l/KOR/P/2 
Page 82 
Article 19 Preparation for an Agreement 
The Minister of the Ministry of Agriculture and Forestry desiring to dispose of 
the nationally owned variety protection right shall prepare for an agreement 
related to the disposal as prescribed by an Ordinance of the Ministry of 
Agriculture and Forestry. 
Article 20 Notification of the Result of Disposal 
The Minister of the Ministry of Agriculture and Forestry who has disposed of 
the nationally owned variety protection right or has approved under 
Paragraph (1) of Article 12 shall notify its content, compensation of disposing 
and rewarding the nationally owned variety protection right under Article 27, 
and other matters to each of the head of breeding organization and the 
employee breeder. However, if the head of breeding organization is the 
head of a Government organization who has obtained approval under 
Paragraph (1) of Article 12, only the employee breeder shall be notified. 
Article 21 Method of Payment of Assignment Charge and Others 
(1) The assignment charge of the nationally owned variety protection right 
shall be paid in a lump sum. 
(2) The enforcement fee of the nationally owned variety protection right may 
be paid in installments of twice a year during the term of enforcement. 
Article 22 Handling of Assignment Charge and Other Fees 
The assignment charge or enforcement fee of the nationally owned variety 
protection right shall be revenue of general accounting. 
Article 23 Termination of an Agreement IPINIlIKOR/P/2 
Page 83 
The Minister of the Ministry of Agriculture and Forestry may terminate an 
agreement if a person who has established an agreement on the disposal of 
the nationally owned variety protection right fails to fulfill the agreement or 
violates the terms of the agreement. 
Article 24 Hearing of Opinion of the Seed Committee with respect to Disposal 
of the Nationally Owned Variety Protection Right 
The Minister of the Ministry of Agriculture and Forestry shall hear opinion of 
the Seed Committee under Article 158 with respect to matters falling under 
any of the following items related to the nationally owned variety protection 
right: 
(i) matters related to the establishment of assignment with remuneration 
and an exclusive license for the nationally owned variety protection right 
under proviso of Article 10; 
(ii) matters related to enforcement without remuneration under Paragraph 
(2) of Article 11; 
(iii) matters related to approval under Paragraph (1) of Article 12; 
(iv) matters related to the private contract under proviso of Article 14; and 
(v) matters related to determination of the expected amount under Article 
17. 
Article 25 Keeping of a Ledger 
The Minister of the Ministry of Agriculture and Forestry shall keep a ledger 
related to disposal and management of the nationally owned variety 
protection right. 
Article 26 Compensation for Registration 
The Minister of the Ministry of Agriculture and Forestry shall pay a 
compensation for registration of a right in the amount of 1 million won to the 
corresponding employee breeder for a variety protection right established and IP /N/l/KOR/P/2 
Page 84 
registered under the name of the Government under Paragraph (1) of Article 
25 from the budget of the year when the variety protection right has been 
established and registered or the budget of the next year. 
Article 27 Remuneration of the Nationally Owned Variety Protection Right 
and Other Payments 
(1) The Minister of the Ministry of Agriculture and Forestry who has disposed 
of the nationally owned variety protection right shall pay remuneration falling 
under any of the following items based on assignment charge for each right 
or annual income of enforcement fee to the corresponding employee breeder 
under Paragraph (1) of Article 25: 
(i) an amount corresponding to 30/100 of the assignment charge or 
enforcement fee if the annual income of assignment charge or enforcement 
fee for the nationally owned variety protection right is 1 million won or less; 
(ii) an amount calculated according to the following equation if the annual 
income of assignment charge or enforcement fee for the nationally owned 
variety protection right exceeds 1 million won but 10 million won or less: 
(The corresponding assignment charge or enforcement fee 
- 1 million won) x 20/100 + 300,000 won 
(iii) an amount calculated according to the following equation if the annual 
income of assignment charge or enforcement fee for the nationally owned 
variety protection right exceeds 10 million won: 
(The corresponding assignment charge or enforcement fee 
-10 million won) x 10/100 + 2.1 million won 
(2) The Minister of the Ministry of Agriculture and Forestry who has disposed 
of the nationally owned variety protection right shall pay once a reward falling 
under any of the following items to the head of the corresponding breeding 
organization based on the assignment charge or initial enforcement 
agreement amount for each right: 
(i) 1 million won in case that the assignment charge or initial enforcement 
agreement amount of the nationally owned variety protection right exceeds 10 
million won but 50 million won or less; 
(ii) 5 million won in case that the assignment charge or initial enforcement 
agreement amount of the nationally owned variety protection right exceeds 50 million won but 100 million won or less; or IPINIlIKOR/P/2 
Page 85 
(iii) 10 million won in case that the assignment charge or initial enforcement 
agreement amount of the nationally owned variety protection right exceeds 
100 million won. 
(3) If the head of a Government organization has enforced the nationally 
owned variety protection right without remuneration under Paragraph (2) of 
Article 11, the Minister of the Ministry of Agriculture and Forestry shall pay the 
amounts calculated based on the above Paragraphs (1) and (2) to the 
corresponding employee breeder or the head of breeding organization as a 
remuneration and a reward. 
(4) The remuneration and reward of the nationally owned variety protection 
right under Paragraphs (1) through (3) shall be paid from the budget of the 
year when the assignment charge or enforcement fee has been paid or the 
budget of the next year (refers to the year of granting approval under 
Paragraph (1) of Article 12 or the next year if the right has been enforced by 
the head of a Government organization without remuneration under 
Paragraph (2) of Article 11). 
Article 28 Payment of Shares of Compensation 
If there are more than two (2) employee breeders having the right of receiving 
compensation under Articles 26 and 27, the compensation shall be paid 
according to shares of the compensation. 
Article 29 Compensation after Change of Employment, Resignation, or Death 
(1) The compensation under Articles 26 and 27 shall be paid in full to the 
employee breeder even when the employee breeder has changed 
employment or resigned. 
(2) The compensation under the above Paragraph (1) shall be paid in full to 
the successor of an employee breeder if the employee breeder has been 
deceased. IP/N/l/KOR/P/2 
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Article 30 Non-Return of Compensation and other Rewards 
The compensation paid to an employee breeder or his/her successor and the 
reward paid to the head of the corresponding breeding orgnization shall not 
be returned even when the variety protection has been invalidated. However, 
this shall not be applicable if the variety protection has been found to be 
misuse of the variety protection right of another person and thus has been 
invalidated. 
Article 31 Mutatis Mutandis Application 
Articles 4 through 30 shall apply mutatis mutandis to the variety bred by a 
public official of a District Self-Ruling Entity as a matter of duty. 
Article 32 Description of Properties of the Variety and Other Matters 
(1) Description of properties and breeding procedures of the variety under 
Paragraph (3) of Article 26 of the Act shall be as any of the following items: 
(i) properties of the variety for which variety protection has been applied 
and properties which are distinct from those of other varieties; 
(ii) a breeding process chart of the variety for which variety protection has 
been applied (including a manual) and a systematic breeding diagram; and 
(iii) cautions to take in the cultivation of the variety for which variety 
protection has been applied. 
(2) Matters in each item of Paragraph (1) shall be described concretely so 
that a person who is equipped with professional knowledge in the 
corresponding field can understand easily. 
Article 33 Change of Gist of the Application for Variety Protection 
"The cases prescribed by a Presidential Decree" in Item (iii) of Article 31 of 
the Act refer to the case falling under any of the following items: 
(i) when the address of an applicant for variety protection or a breeder is changed; IP/N/IIKORlP/2 
Page 87 
(ii) when the name of an applicant for variety protection or a breeder is 
changed according to the decision of the Court; 
(iii) when the title of an applicant for variety protection or the name of the 
representative is changed according to general succession (limited to the 
case of a legal entity); 
(iv) when the place of business office of an applicant for variety protection 
is changed (limited to the case of a legal entity); or 
(v) when the name of the variety is changed under Paragraph (5) of Article 
111 of the Act. 
Article 34 Qualifications for Examiners 
(1) A person who is qualified to become an examiner under Paragraph (2) of 
Article 33 of the Act shall be a general public official of the Ministry of 
Agriculture and Forestry, Ministry of Ocean Industry, Rural Development 
Administration, or Forestry Administration who is recognized by the Minister 
of the Ministry of Agriculture and Forestry to be equipped with knowledge in 
and ability for assuming duties of an examiner. 
(2) An examiner shall complete the training session determined by the 
Minister of the Ministry of Agriculture and Forestry. 
Article 35 Self-Collection of Seeds by Farmers 
The scope of limiting the variety protection right when a farmer himself/herself 
gathers seeds for the purpose of self-production under Paragraph (3) of 
Article 58 of the Act shall be up to the maximum amount of seeds that can be 
planted on the land cultivated by the corresponding farmer. 
Article 36 Exception for Arbitration Decision on Grant of Non-Exclusive 
License 
"Any justifiable reason prescribed by a Presidential Decree" in Item (i) of IPINI1 IKORlP/2 
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Paragraph (1) of Article 68 of the Act shall refer to the case falling under any 
of the following items: 
(i) where the variety protection right holder is disabled due to a physical or 
mental defect (limited to the case that the head of a medical institution 
certifies the fact under the Medical Act); 
(ii) where the permission, sanction, agreement, or approval is not obtained 
although such permission, sanction, agreement, or approval of a Government 
organization or another is necessary for the enforcement of the protected 
variety; 
(iii) where the enforcement of the protected variety is prohibited or 
restricted according to Act provisions for the reason of environmental 
preservation or other reasons; or 
(iv) where the enforcement of the protected variety can not be 
accomplished in the commercial scale as there is no or insignificant demand 
for it. 
Article 37 Composition of Variety Protection Trial Committee 
(1) The Variety Protection Trial Committee under Article 91 of the Act 
(hereinafter referred to as "Trial Committee") shall be composed of eight or 
less Variety Protection Trial Committee Members (hereinafter referred to as 
"trial members") including the Chairman of the Variety Protection Trial 
Committee (hereinafter referred to as "Chairman of Trial Committee"). 
(2) The Chairman of Trial Committee shall be nominated by the Minister of 
the Ministry of Agriculture and Forestry. 
Article 38 Qualifications for the Trial Members 
(1) A person who is qualified to become a trial member under Paragraph (3) 
of Article 96 of the Act shall be a person falling under any of the following 
items: 
(i) a general public official of the 4th or higher grade of the Ministry of 
Agriculture and Forestry, Ministry of Ocean Industry, Rural Development 
Administration, or Forestry Administration; or IP/NIl/KORlP/2 
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(ii) a person who has been an examiner of the Korean Intellectual Property 
Office for more than two (2) years among general public officials of the 4th or 
higher grade of the Korean Intellectual Property Office. 
(2) Paragraph (2) of Article 34 of the Decree shall apply mutatis mutandis to 
the training session of trial members. 
Article 39 Executive Secretary 
(1) There shall be one (1) executive secretary in the Trial Committee, who is 
nominated by the Minister of the Ministry of Agriculture and Forestry among 
public officials of the Ministry. 
(2) An executive secretary shall handle administrative matters of the Trial 
Committee by order of the Chairman of Trial Committee. 
Article 40 Cancellation of a Variety Denomination 
"Any other cases prescribed by a Presidential Decree" in Item (iii) of 
Paragraph (1) of Article 113 of the Act shall refer to the case that a variety 
denomination has been registered through a fraudulent act or any unActful 
method. 
PART III MANAGEMENT OF VARIETY PERFORMANCE 
Article 41 Scope of Agricultural Organization, Etc. 
"Any agricultural, forestry, or fishery organization prescribed by a Presidential 
Decree" in Item (iii) of Article 121 of the Act shall refer to an organization 
falling under any of the following items: 
(i) an agricultural cooperative union and its central office under the 
Agricultural Cooperative Union Act; 
(ii) a stock-raisers cooperative union and its central office under the Stock­
Raisers Cooperative Union Act; IP/N/l/KOR/P/2 
Page 90 
(iii) a fisheries cooperative union and its central office under the Fisheries 
Cooperative Union Act; 
(iv) a forestry cooperative union and its central office under the Forestry 
Cooperative Union Act; 
(v) a ginseng cooperative union and its central office under the Ginseng 
Cooperative Union Act; or 
(vi) a tobacco production cooperative union and its central office under the 
Tobacco Production Cooperative Union Act. 
Article 42 (Deleted) 
Article 43 (Deleted) 
PART IV CERTIFICATION OF THE SEED 
Article 44 International Seed Testing Organization 
"An international seed testing organization prescribed by a Presidential 
Decree" in Paragraph (2) of Article 125 of the Act shall refer to an 
organization falling under any of the following items: 
(i) International Seed Testing Association (ISTA); 
(ii) International Seed Testers Association (AOSA); or 
(iii) other international seed testing associations prescribed by the Minister 
of the Ministry of Agriculture and Forestry. 
Article 45 Qualifications of Seed Quality Managers 
A seed quality manager shall be a person falling under any of the following 
items under Paragraph (1) of Article 127 of the Act: 
(i) a person who has a license for a seed technician under the National 
Technical License Act; IPINIlIKOR/P/2 
Page 91 
(ii) a person who has a license for a seed engineer under the National 
Technical License Act (limited to a person who has been engaged in the seed 
business or a business similar to it for more than one (1) year); 
(iii) a person who has a license for a seed industry engineer under the 
National Technical License Act (limited to a person who has been engaged in 
the seed business or a business similar to it for more than three (3) years); 
(iv) a person who has a license for a seed industry engineer under the 
National Technical License Act (limited to a person who has a license for a 
seed technician under the National Technical License Act); or 
(v) a person who has a license for a mushroom germiculture engineer 
under the National Technical License Act (limited to a person who has been 
engaged in the seed business or a business similar to it for more than three 
(3) years particularly in the mushroom area). 
PART V CIRCULATION OF THE SEEDS 
Article 46 Standards for Facilities for the Seed Business 
"Facilities prescribed by a Presidential Decree" in Paragraph (1) of Article 137 
of the Act shall refer to facilities indicated in the Appendix 1. 
Article 47 Registration of Seed Business and Other Matters 
(1) A person desiring to register seed business under Paragraph (1) of Article 
137 of the Act shall be equipped with facilities in the Appendix 1 and one (1) 
or more seed manager and submit an application for the registration of seed 
business to the Mayor of Seoul, Mayor of a Wide City, or Provincial Governor 
who administers the site of the main production facility (hereinafter referred to 
as a "Mayor or Provincial Governor") as prescribed by the Ordinance of the 
Ministry of Agriculture and Forestry. 
(2) The Mayor or Provincial governor who has received the application for the 
registration of seed business under Paragraph (1) shall confirm matters 
described in the application and issue a certificate for registration of seed IP/NIIIKOR/P/2 
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business to the applicant if the application is deemed to satisfy requirements 
for the registration. 
(3) If there is any change in matters registered under Paragraph (1), a seed 
trader shall notify the change to the Mayor or Provincial Governor within thirty 
(30) days from the date of occurring the reason for the change. 
Article 48 Exception for Having a Seed Manager 
"The crop seeds prescribed by a Presidential Decree" in proviso of Paragraph 
(2) of Article 137 of the Act shall refer to a crop seed falling under any of the 
following items: 
(i) flowering plants; 
(ii) feeding crops; 
(iii) pasturage crops; 
(iv) specialty crops; 
(v) mulberry tree; 
(vi) forest tree; 
(vii) marine plants. 
(viii) food crops except for rice plant, barley, soy bean, corn, and potatoes; 
(ix) fruit trees except for apple, pear, peach, grape, sweet persimmon, plum, 
mu me, kiwifruit, and citrus; 
(x) vegetables except for radish, chinese cabbage, cabbage, pepper, 
tomatoes, cucumber, melon, watermelon, pumpkin, green onion, onion, carrot, 
lettuce, and spinach; or 
(xi) mushrooms except for botton mushrooms, oyster mushrooms, 
Armillariella spp, Reishi mushrooms, Hypsizigus marmoreus, Grifola frondosa, 
wood-ear mushrooms, winter mushroom, Poria cocos, and Agrocybe 
cylindracea. 
Article 49 (Deleted) 
Article 50 Restriction to Domestic Circulation of the Exported or Imported 
Seeds IPINIlIKORlP/2 
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(1) The case in which export or import of the seeds or domestic circulation of 
the imported seeds under Paragraph (3) of Article 140 of the Act shall be as 
any of the following items: 
(i) where weed seeds which are harmful to imported seeds in an amount of 
more than the amount prescribed by the Minister of the Ministry of Agriculture 
and Forestry are included; 
(ii) where it is likely to destroy the existing national ecological system such 
as the crops ecological system, etc. seriously due to propagation of imported 
seeds, genetic transformation by crossing, etc.; 
(iii) where it is likely to diffuse particular blights by the cultivation of 
imported seeds; 
(iv) where it is likely that specific components of farm products produced 
from imported seeds have negative affects on health of people; or 
(v) where it is likely to incur serious problems in the preservation of 
domestic natural resources by injudicious export of native seeds or domestic 
rare basic seeds, etc. 
(2) The kinds of harmful weed seeds under Item (i) of Paragraph (1) of this 
Article and of particular blights under Item (iii) of the same Paragraph shall be 
prescribed by the Minister of the Ministry of Agriculture and Forestry. 
Article 51 (Deleted) 
Article 52 (Deleted) 
PART VI THE SEED FUND 
Article 53 Plans to Operate the Seed Fund 
(1) The Minister of the Ministry of Agriculture and Forestry shall establish 
plans to operate the seed fund (hereinafter referred to as the "fund") under 
Article 149 of the Act prior to the beginning of each fiscal year. IP/N/IIKOR/P/2 
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(2) Plans to operate the fund under the above Paragraph (1) shall be subject 
to discussion of Cabinet Council and obtaining approval of the President. This 
shall be also applicable to modification of plans to operate the fund. 
Article 54 Establishment of the Fund Account 
The Minister of the Ministry of Agriculture and Forestry shall establish the 
seed fund account (hereinafter referred to as the "fund account") at the main 
office of the Bank of Korea in order to ensure the task of handling incoming 
and outgoing of the fund. <Revised 04101/98> 
Article 55 Appointment of Accounting Organization, Etc. 
(1) When it is deemed to be necessary for the operation of the fund, the 
Minister of the Ministry of Agriculture and Forestry may have an assistant 
fund accounting supervisor or an assistant fund accounting officer at a District 
Self-Ruling Entity in order to divide a part of duties of the fund accounting 
supervisor or fund accounting officer. 
(2) If an assistant fund accounting supervisor or an assistant fund accounting 
officer is appointed under the above Paragraph (1), the Minister of the 
Ministry of Agriculture and Forestry shall notify the fact to the Chairman of the 
Board of Audit and Inspection, the Chairman of the Finance and Economy 
Board, and the President of the Bank of Korea. 
Article 56 Duties of Accounting Organization 
(1) A fund accounting supervisor (including a fund accounting director or an 
assistant fund accounting supervisor; hereinafter the same) shall be in charge 
of contracts for the operation of the fund, other acts which are causes of 
expenditure (hereinafter referred to as "expenditure-causing acts"), and 
matters related to the collection of fund revenue. 
(2) A fund accounting officer (including a fund accountant or an assistant fund IPINIlIKORlP/2 
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accounting officer; hereinafter the same) shall be in charge of expenditure for 
the operation of the fund and accounts of deposit and securities. 
Article 57 Designation of a Transaction Office 
A fund accounting officer shall designate the Bank of Korea (including the 
main office, branch office, and agency; hereinafter the same) as the granting 
branch of checks issued by him/her (hereinafter referred to as a "transaction 
office"). 
Article 58 Collection Procedures of the Fund 
(1) A fund accounting supervisor desiring to collect revenue of the fund shall 
investigate and determine the amount of collection and notify it to the payee. 
(2) A person who has received a written notice to pay under the above 
Paragraph (1) shall make the payment to the Bank of Korea. 
(3) If the revenue of the fund is received, the Bank of Korea shall send a 
notice of receipt to the fund accounting supervisor without delay. 
(4) The Bank of Korea shall concentrate revenue of the fund received under 
Paragraph (2) to the fund account established at the main office of the Bank 
of Korea according to procedures for handling national funds. <Revised 
04/01/98> 
Article 59 Expenditure Procedures of the Fund 
(1) A fund accounting supervisor desiring to disburse the fund shall send 
documents related to an expenditure-causing act to a fund accounting officer. 
(2) A fund accounting officer desiring to disburse the fund according to an 
expenditure-causing act under Paragraph (1) shall issue a check payable to 
the transaction office. 
(3) An amount which was subject to an expenditure-causing act of a fund 
accounting supervisor but was not disbursed within the corresponding fiscal 
year for an inevitable reason may be carried forward to and executed in the IPINIlIKOR/P/2 
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next fiscal year. 
Article 60 Allocation of the Limit of Fund Expenditure 
(1) The Minister of the Ministry of Agriculture and Forestry shall allocate the 
limit of expenditure to a fund accounting officer according to plans for the 
operation of the fund under Paragraph (1) of Article 53 and notify this to the 
Chairman of the Finance and Economy Board and the President of the Bank 
of Korea. 
(2) When it is deemed to be necessary in view of the status of fund revenue, 
etc., the Chairman of the Finance and Economy Board may take a measure 
for limiting expenditure of the fund. 
Article 61 Expenditure-Causing Act of the Fund 
A fund accounting supervisor shall not exceed the limit of expenditure which 
is allocated under Paragraph (1) of Article 60 in performing an expenditure­
causing act of the fund. 
Article 62 Report for the Operation of the Fund 
(1) A fund accounting supervisor (excluding a fund accounting director and an 
assistant fund accounting supervisor) and a fund accounting officer 
(excluding a fund accountant or an assistant fund accounting officer) shall 
prepare for a report of collected amount of the fund and a report of the 
amount of expenditure-causing act of the fund, and a report of fund 
expenditure, respectively, as of the end of each month, and submit them to 
the Minister of the Ministry of Agriculture and Forestry by the 10th of the 
following month. 
(2) In a report under the above Paragraph (1), the sum of executed amounts 
of the fund accounting director, assistant fund accounting supervisor, fund 
accountant, and assistant fund accounting officer shall be shown and its 
report shall be added to. IPINIIIKOR/P/2 
Page 97 
(3) The Minister of the Ministry of Agriculture and Forestry shall prepare for 
and submit to the Chairman of the Finance and Economy Board a general 
report based on the report under the above Paragraph (1), by the 20th of the 
following month. 
Article 63 Accounting Statement of the Fund 
The Minister of the Ministry of Agriculture and Forestry shall prepare for and 
submit to the Chairman of the Finance and Economy Board an accounting 
statement of the fund for each fiscal year within eighty (80) days of the close 
of a fiscal year. 
Article 64 Mutatis Mutandis Application of Other Act Provisions 
The Budget Accounting Act and the Basic Fund Management Act are related 
to the operation and management of the fund, and shall apply mutatis 
mutandis to matters which are not prescribed by this Act. 
Article 65 Usage of the Fund 
"The projects prescribed by a Presidential Decree" in Item (v) of Paragraph 
(1) of Article 154 of the Act refer to a project falling under any of the following 
items: 
(i) purchase of the seeds produced by Mayor of Seoul, Mayors of Wide 
Cities, Provincial Governors, agricultural organizations, etc. under Paragraph 
(1) of Article 121 of the Act; 
(ii) research project for the improvement of circulation structure of the 
seeds; 
(iii) research project for the improvement of management system of the 
seeds; or 
(iv) collection, investigation, and research project of superior genetic 
resources. IP/N/l/KOR/P/2 
Page 98 
PART VII SUPPLEMENTARY PROVISIONS 
Article 66 Composition of the Seed Council 
(1) Council members of the Seed Council under Article 158 of the Act 
(hereinafter referred to as "Council") shall be appointed or entrusted by the 
Minister of the Ministry of Agriculture and Forestry among people falling under 
the following items: 
(i) a person who is or was a public official of the 3rd grade or higher and is 
experienced in the seed-related business; 
(ii) a person who is or was an associate professor or higher of a university 
and is majored in the seed-related field; 
(iii) a person who has the qualification for an attorney-at-Act or patent 
attorney; 
(iv) a person who is or was an executive of an agricultural, forestry, or 
fishery organization; and 
(v) a person who is or was an executive of an association related to the 
seed industry. 
(2) The Head of the Council shall be appointed or entrusted by the Minister of 
the Ministry of Agriculture and Forestry among council members of the 
Council. 
Article 67 Term and Maintenance of Status of a Council Member 
(1) The term of a council member shall be two (2) years, which may be 
extended up to two times. 
(2) The Head of the Council and council members shall not be dismissed 
from office against his/her will except for the case falling under any of the 
following items: 
(i) when the Head of the Council or a council member is sentenced to 
imprisonment or a heavier punishment; or 
(ii) when the Head of the Council or a council member is unable to assume 
his/her duties due to long-time physical and mental weakness. Article 68 Duties of the Head of the Council IP/N/IIKOR/P/2 
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(1) The Head of the Council shall represent the Council and supervise its 
business. 
(2) A council member appointed by the Head of the Council shall carry out 
duties of the Head of the Council as proxy if the Head of the Council is unable 
to perform his/her duties for an unavoidable reason. 
Article 69 Convocation and Making Decision of the Council 
(1) The Head of the Council shall convene and preside the Council. 
(2) The council meeting shall be open with a majority of enrolled council 
members present, and the decision shall be made with the approval of 
majority of present council members. 
Article 70 Allowance 
An allowance may be paid to a council member who is present at the council 
meeting within the boundary of budget. However, an allowance shall not be 
paid to a public official if he/she attends the meeting as a matter of his/her 
direct duties. 
Article 71 Executive Secretary 
Article 39 of this Decree shall apply mutatis mutandis to matters related to the 
executive secretary of the Council. 
Article 72 Entrustment and Consignment of the Authority 
(1) The Minister of the Ministry of Agriculture and Forestry shall entrust IPINIlIKOR/P/2 
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authorities related to matters falling under any of the following items 
(excluding authorities related to seeds and nursery trees for forestry under 
Paragraph (1) of Article 45 of the Forestry Act) to the Administrator of the 
Rural Development Administration under Article 166 of the Act: 
(i) extension of time under Article 6 of the Act; 
(ii) order of correction of a procedure under Article 7 of the Act; 
(iii) invalidation of a procedure and withdrawal of the invalidation under 
Article 8 of the Act; 
(iv) order to report the terms of an agreement under Paragraph (5) of 
Article 21 of the Act; 
(v) receipt of notification by the successor in title of the right to obtain a 
variety protection under Paragraph (4) of Article 23 of the Act; 
(vi) disposal and management of the variety protection right under 
Paragraph (2) of Article 24 of the Act; 
(vii) request for deferment of the examination of the variety by a person 
who has claimed the right of priority under the main provision of Paragraph 
(5) of Article 27 of the Act; 
(viii) receipt of an application and recording in the Register of Applications 
under Paragraph (1) of Article 28 of the Act; 
(ix) order of examination under Paragraph (1) of Article 33 of the Act; 
(x) publication of the variety protection application under Paragraph (1) of 
Article 34 of the Act; 
(xi) receipt of information and evidence related to the published variety 
under Paragraph (2) of Article 35 of the Act; 
(xii) entrustment of investigation or testing to perform the examination of 
the applied variety under Paragraph (2) of Article 35 of the Act; 
(xiii) order to furnish all materials under Paragraph (1) of Article 36 of the 
Act; 
(xiv) transmittal of a certified copy of the ruling of rejection and publication 
of the ruling in the Official Gazette under Paragraph (3) of Article 37 of the 
Act; 
(xv) transmittal of a certified copy of the decision of publication of the 
application and publication of the application in the Official Gazette under 
Paragraph (2) of Article 38 of the Act; 
(xvi) availability of application files and their attachments for public 
inspection under Paragraph (3) of Article 38 of the Act; IPINIlIKOR/P/2 
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(xvii) receipt of an opposition to the grant of variety protection under 
Paragraph (1) of Article 41 of the Act; 
(xviii) transmittal of a certified copy of the ruling on the opposition to the 
grant of variety protection under Paragraph (4) of Article 43 of the Act; 
(xix) transmittal of a certified copy of the decision of rejection under 
Paragraph (3) of Article 44 and Paragraph (3) of Article 45 of the Act; 
(xx) transmittal of a certified copy of the decision on grant of variety 
protection and publication of the decision in the Official Gazette under 
Paragraph (3) of Article 46 of the Act; 
(xxi) collection of an annual variety protection fee under Paragraph (2) of 
Article 49 of the Act; 
(xxii) registration in the variety protection register under Paragraph (1) of 
Article 53 of the Act; 
(xxiii) publication of the Official Variety Protection Gazette under Article 54 
of the Act; 
(xxiv) registration of establishment of the variety protection right, publication 
in the Official Gazette, and issuance of a certificate of registration of a variety 
protection right under Article 55 of the Act; 
(xxv) receipt of notification of purport of transfer of a variety protection right, 
exclusive license, or pledge through inheritance or other general succession 
under Paragraph (2) of Article 63 of the Act; 
(xxvi) arbitration decision on grant of non-exclusive license under Article 68 
of the Act; 
(xxvii) transmittal of written request for arbitration under Article 69 of the 
Act; 
(xxviii) transmittal of certified copies of the arbitration decision under Article 
71 of the Act; 
(xxix) cancellation of request for an arbitration decision under Paragraph 
(2) of Article 73 of the Act; 
(xxx) cancellation of the variety protection right under Paragraph (1) of 
Article 80 of the Act; 
(xxxi) order to report exploitation of the variety protection right under Article 
82 of the Act; 
(xxxii) order to furnish materials and undertaking of necessary examination 
under Paragraph (2) of Article 83 of the Act; 
(xxxiii) receipt of an application for the registration of a variety IP/N/l/KOR/P/2 
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denomination under Paragraph (1) of Article 111 of the Act; 
(xxxiv) receipt of an opposition to the registration of the variety 
denomination under Paragraph (7) of Article 111 of the Act; 
(xxxv) registration and notification of the variety denomination under 
Paragraph (8) of Article 111 of the Act; 
(xxxvi) cancellation of a registered variety denomination under Paragraph 
(1) of Article 113 of the Act and notification of the reasons for cancellation and 
order to submit a new variety denomination under Paragraph (2) of the same 
article; 
(xxxvii) receipt of an application for entry in a catalogue of varieties under 
Article 115 of the Act; 
(xxxviii) matters related to examination of the variety for which entry in a 
catalogue of varieties is applied under Article 116 of the Act; 
(xxxix) publication of the variety entered in a catalogue of varieties under 
Article 117 of the Act; 
(ivx) receipt of application for an extension of time of the entry in a 
catalogue of varieties under Paragraph (3) of Article 118 of the Act; 
(ivxi) cancellation of the entry in a catalogue of varieties under Article 119 
of the Act; 
(ivxii) maintenance of a catalogue of varieties under Article 120 of the Act; 
(ivxiii) (Deleted) 
(ivxiv) (Deleted) 
(ivxv) order to cancel or suspend qualification of a seed quality manager 
under Paragraph (2) of Article 127 of the Act, and registration or issue of a 
certificate for registration of a seed quality manager under Paragraph (4) of 
the same Article; 
(ivxvi) (Deleted) 
(ivxvii) control examination under Paragraph (1) of Article 134 of the Act; 
(ivxviii) selling or distribution of the seeds for which entry in a catalogue of 
varieties is cancelled under Paragraph (2) of Article 138 of the Act; 
(ivxix) receipt of report to produce and sell the seeds of a variety under 
Paragraph (3) of Article 138 of the Act; 
(vx) receipt of report to import and export the seeds under the main 
provision of Paragraph (1) of Article 140 of the Act; 
(vxi) restriction to export or import of the seeds or domestic circulation of 
the imported seeds under Paragraph (3) of Article 140 of the Act; (vxii) (Deleted) IPINIlIKORlP/2 
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(vxiii) keeping and management of the seed sample under Article 147 of 
the Act; 
(vxiv) matters related to undertaking of a comparative examination under 
Article 148 of the Act; 
(vxv) borrowing of the fund under Article 151 of the Act; 
(vxvi) utilization and management of the fund under Paragraph (1) of Article 
152 of the Act; 
(vxvii) classified accounting of accounting matters under Article 153 of the 
Act; 
(vxviii) deposit of the surplus fund under Paragraph (2) of Article 154 of the 
Act; 
(vxix) appointment of a fund accounting supervisor and a fund accounting 
officer (including an assistant fund accounting supervisor and an assistant 
fund accounting officer) under Article 155 of the Act; 
(vix) collection of supporting fund and loans under Article 156 of the Act; 
(vixi) matters related to hearing under Article 159 of the Act; 
(vixii) collection of official fees under Items (i) through (vi) and Items (ix) 
through (xvi) of Paragraph (1) of Article 160 of the Act; 
(vixiii) matters related to storage of documents under Article 164 of the Act; 
(vixiv) matters related to the imposition and collection of an administrative 
fine from a person falling under Items (i) through (iii) of Paragraph (2) of 
Article 176 of the Act; or 
(vixv) receipt of report of change of the place under Paragraph (9) of Article 
74 of this Decree. 
(2) The Administrator of the Rural Development Administration shall entrust 
authorities described in Items (i) through (v), (vii) through (xxv), (xxx) through 
(ivxiii), (ivxv) through (ivxvii), (ivxix) through (vxi), (vxiii) through (vxviii), and 
(vix) through (vixv) among authorities entrusted by the Minister of the Ministry 
of Agriculture and Forestry under the above Paragraph (1) to the Director 
General of National Seed Management Office. <Newly established 08/11/98> 
(3) The Minister of the Ministry of Agriculture and Forestry shall entrust 
authorities related to the seeds and nursery trees for forestry under 
Paragraph (1) of Article 45 of the Forestry Act (hereinafter referred to as 
"seeds for forestry") among authorities related to matters falling under any of 
the following items to the Administrator of the Forestry Administration under IPINIlIKOR/P/2 
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Article 166 of the Act: 
(i) extension of time under Article 6 of the Act; 
(ii) order of correction of a procedure under Article 7 of the Act; 
(iii) invalidation of a procedure and withdrawal of the invalidation under 
Article 8 of the Act; 
(iv) order to report the terms of an agreement under Paragraph (5) of 
Article 21 of the Act; 
(v) receipt of notification by the successor in title of the right to obtain a 
variety protection under Paragraph (4) of Article 23 of the Act; 
(vi) disposal and management of the variety protection right under 
Paragraph (2) of Article 24 of the Act; 
(vii) request for deferment of the examination of the variety by a person 
who has claimed the right of priority under Paragraph (5) of Article 27 of the 
Act; 
(viii) receipt of an application and recording in the Register of Applications 
under Paragraph (1) of Article 28 of the Act; 
(ix) order of examination under Paragraph (1) of Article 33 of the Act; 
(x) publication of the variety protection application under Paragraph (1) of 
Article 34 of the Act; 
(xi) receipt of information and evidence related to the published variety 
under Paragraph (2) of Article 35 of the Act; 
(xii) entrustment of investigation or testing to perform the examination of 
the applied variety under Paragraph (2) of Article 35 of the Act; 
(xiii) order to furnish all materials under Paragraph (1) of Article 36 of the 
Act; 
(xiv) transmittal of a certified copy of the ruling of rejection and publication 
of the ruling in the Official Gazette under Paragraph (3) of Article 37 of the 
Act; 
(xv) transmittal of a certified copy of the decision of publication of the 
application and publication of the application in the Official Gazette under 
Paragraph (2) of Article 38 of the Act; 
(xvi) availability of application files and their attachments for public 
inspection under Paragraph (3) of Article 38 of the Act; 
(xvii) receipt of an opposition to the grant of variety protection under 
Paragraph (1) of Article 41 of the Act; 
(xviii) transmittal of a certified copy of the ruling on the opposition to the IP/N/IIKOR/P/2 
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grant of variety protection under Paragraph (4) of Article 43 of the Act; 
(xix) transmittal of a certified copy of the decision of rejection under 
Paragraph (3) of Article 44 and Paragraph (3) of Article 45 of the Act; 
(xx) transmittal of a certified copy of the decision on grant of variety 
protection and publication of the decision in the Official Gazette under 
Paragraph (3) of Article 46 of the Act; 
(xxi) collection of an annual variety protection fee under Paragraph (2) of 
Article 49 of the Act; 
(xxii) registration in the variety protection register under Paragraph (1) of 
Article 53 of the Act; 
(xxiii) publication of the Official Variety Protection Gazette under Article 54 
of the Act; 
(xxiv) registration of establishment of the variety protection right, publication 
in the Official Gazette, and issuance of a certificate of registration of a variety 
protection right under Article 55 of the Act; 
(xxv) receipt of notification of purport of transfer of a variety protection right, 
exclusive license, or pledge through inheritance or other general succession 
under Paragraph (2) of Article 63 of the Act; 
(xxvi) arbitration decision on grant of non-exclusive license under Article 68 
of the Act; 
(xxvii) transmittal of written request for arbitration under Article 69 of the 
Act; 
(xxviii) transmittal of certified copies of the arbitration decision under Article 
71 of the Act; 
(xxix) cancellation of request for an arbitration decision under Paragraph 
(2) of Article 73 of the Act; 
(xxx) cancellation of the variety protection right under Paragraph (1) of 
Article 80 of the Act; 
(xxxi) order to report exploitation of the variety protection right under Article 
82 of the Act; 
(xxxii) order to furnish materials and undertaking of necessary examination 
under Paragraph (2) of Article 83 of the Act; 
(xxxiii) receipt of an application for the registration of a variety 
denomination under Paragraph (1) of Article 111 of the Act; 
(xxxiv) receipt of an opposition to the registration of the variety 
denomination under Paragraph (7) of Article 111 of the Act; IP/N/IIKOR/P/2 
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(xxxv) registration and notification of the variety denomination under 
Paragraph (8) of Article 111 of the Act; 
(xxxvi) cancellation of a registered variety denomination under Paragraph 
(1) of Article 113 of the Act and notification of the reasons for cancellation and 
order to submit a new variety denomination under Paragraph (2) of the same 
article; 
(xxxvii) receipt of an application for entry in a catalogue of varieties under 
Article 115 of the Act; 
(xxxviii) matters related to examination of the variety for which entry in a 
catalogue of varieties is applied under Article 116 of the Act; 
(xxxix) publication of the variety entered in a catalogue of varieties under 
Article 117 of the Act; 
(ivx) receipt of application for an extension of time of the entry in a 
catalogue of varieties under Paragraph (3) of Article 118 of the Act; 
(ivxi) cancellation of the entry in a catalogue of varieties under Article 119 
of the Act; 
(ivxii) maintenance of a catalogue of varieties under Article 120 of the Act; 
(ivxiii) (Deleted) 
(ivxiv) (Deleted) 
(ivxv) order to cancel or suspend qualification of a seed quality manager 
under Paragraph (2) of Article 127 of the Act, and registration or issue of a 
certificate for registration of a seed quality manager under Paragraph (4) of 
the same Article; 
(ivxvi) field inspection under Paragraph (1) of Article 128 of the Act; 
(ivxvii) seed examination and re-examination under Article 130 of the Act; 
(ivxviii) (Deleted) 
(ivxix) issuance of a certificate under Article 133 of the Act; 
(vx) control examination under Paragraph (1) of Article 134 of the Act; 
(vxi) selling or distribution of the seeds for which entry in a catalogue of 
varieties is cancelled under Paragraph (2) of Article 138 of the Act; 
(vxii) receipt of report to produce and sell the seeds of a variety under 
Paragraph (3) of Article 138 of the Act; 
(vxiii) receipt of report to import and export the seeds under the main 
provision of Paragraph (1) of Article 140 of the Act; 
(vxiv) restriction to export or import of the seeds or domestic circulation of 
the imported seeds under Paragraph (3) of Article 140 of the Act; (vxv) (Deleted) IP/N/IIKORlP/2 
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(vxvi) adaptability test of imported seeds under Paragraph (1) of Article 141 
of the Act; 
(vxvii) matters related to circulation inspection, etc. of the seeds under 
Article 145 of the Act; 
(vxviii) (Deleted) 
(vxix) keeping and management of the seed sample under Article 147 of 
the Act; 
(vix) matters related to undertaking of a comparative examination under 
Article 148 of the Act; 
(vixi) matters related to hearing under Article 159 of the Act; 
(vixii) collection of official fees under Items (i) through (vi) and Items (ix) 
through (xvi) of Paragraph (1) of Article 160 of the Act; 
(vixiii) matters related to storage of documents under Article 164 of the Act; 
(vixiv) matters related to the imposition and collection of an administrative 
fine from a person falling under Paragraph (1) and Items (i) through (iii) of 
Paragraph (2) of Article 176 of the Act; or 
(vixv) receipt of report of change of the place under Paragraph (9) of Article 
74 of this Decree. 
(4) The Minister of the Ministry of Agriculture and Forestry shall entrust 
authorities related to circulation inspection, etc. of the seeds under Article 145 
of the Act (excluding authorities related to seeds for forestry) and those 
related to the imposition and collection of an administrative fine from a person 
falling under Paragraph (1) of Article 176 of the Act (excluding authorities 
related to seeds for forestry) to the Mayor or Provincial Governor. 
(5) The Minister of the Ministry of Agriculture and Forestry shall consign 
authorities falling under any of the following items (excluding authorities 
related to seeds for forestry) to a legal entity or organization involved in 
agricultural, forestry, and fishery business prescribed by an Ordinance of the 
Ministry of Agriculture and Forestry under Article 166 of the Act: 
(i) (Deleted) 
(ii) adaptability test of imported seeds under Paragraph (1) of Article 141 of 
the Act. 
Article 73 Document to be Transmitted IP/N/l/KORlP/2 
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The document to be transmitted under mutatis mutandis application of Article 
218 of the Patent Act under Article 168 of the Act shall be a notification of 
invalidation of procedure under Paragraph (1) of Article 8 of the Act. 
Article 74 Transmittal of Documents, Etc. 
(1) A document to be transmitted under the Act or Article 73 of this Decree 
shall be sent via registered mail except for the case that the interested party 
or its agent receives the document directly. 
(2) If the document is received directly by the interested party or its agent, a 
receipt showing the date of receipt and name of receiver shall be given by the 
receiver and kept; whereas if the document is sent via registered mail, a 
receipt of special mail of the post office shall be kept. 
(3) Transmittal of a decision or ruling of a trial, re-examination, arbitration on 
grant of non-exclusive license, or cancellation of the variety protection right 
shall be according to the special transmittal method under Sub-Item (a) of 
Item (vi) of Paragraph (1) of Article 10 of the Enforcement Decree of the 
Postal Act. 
(4) In the transmittal of a document, the person receiving the document shall 
be served with a certified copy of the document unless it is prescribed 
otherwise by the Act or this Decree, and the person receiving the document 
shall be served with a certified copy or abstract of a written evidence if the 
written evidence is prepared for in place of submission of the document to be 
transmitted. 
(5) Transmittal of a document to a person falling under mutatis mutandis 
application of the main provision of Paragraph (1) of Article 3 of the Patent 
Act under Article 10 of the Act shall be to his/her legal representative. 
(6) If the right to represent is exercised jointly by a multiple number of people, 
transmittal of a document shall be to one among a multiple number of people. 
(7) Transmittal of a document to a person who is confined in a jail or a prison 
shall be directed to the director of the prison. 
(8) The place of transmittal shall be the address or business office of a 
person to receive the document. 
(9) If the place of a person to receive the document has been changed, the IP/N/lIKORlP/2 
Page 109 
purport of change shall be reported to the Minister of the Ministry of 
Agriculture and Forestry without delay. 
(10) If it is not possible to transmit a document as a person to receive the 
document refuses to receive the document without any justifiable reason, it is· 
deemed that the document is transmitted on the date of sending. 
(11) Sending of documents other than those to be transmitted under the Act 
or Article 73 of this Decree and other matters shall be according to the 
method prescribed by the Minister of the Ministry of Agriculture and Forestry. 
Article 75 Imposition of an Administrative Fine 
(1) The Minister of the Ministry of Agriculture and Forestry, Mayor, or 
Provincial Governor(hereinafter referred to as an "imposer") desiring to 
impose an administrative fine under Paragraph (3) of Article 176 of the Act 
shall investigate and conform the corresponding act of violation, indicate the 
fact of violation, amount of fine, etc., and notify in writing to a person 
punished by an administrative fine to pay the fine. 
(2) The imposer desiring to impose the fine under the above Paragraph (1) 
shall give an opportunity to make an oral or written statement to a person 
punished by an administrative fine within the term of more than fifteen (15) 
days. If no statement is made without any justifiable reason by the designated 
date, it is deemed that the person has no opinion. 
(3) In determining the amount of an administrative fine, the imposer shall refer 
to the motive, result, etc. of the corresponding act of violation, provided that 
the standards for imposition shall be as shown in Appendix 2. 
(4) The procedure of collecting the administrative fine shall be prescribed by 
an Ordinance of the Ministry of Agriculture and Forestry if the imposer is the 
Minister of the Ministry of Agriculture and Forestry, and by rules of the 
corresponding District Self-Ruling Entity if the imposer is the Mayor or 
Provincial Governor. 
ADDENDUM 
(1) (Entry into Force) This Decree shall enter into force as of December 31, IP/NI1 IKORlP/2 
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1997, provided that the provisions in Articles 37 through 39 shall enter into 
force as of March 1, 1998. 
(2) (Abrogation of Other Acts) Presidential Decree falling under any of the 
following items shall be abrogated: 
(i) Enforcement Decree of the Main Crops Seed Act; and 
(ii) Enforcement Decree of the Seed and Seedling Control Act. 
(3) (Interim Measures on Seed Quality Managers) A person who has a 
license for a seedling technician under the Old Enforcement Decree of Seed 
and Seedling Control Act at the time of enforcement of this Decree shall be 
deemed to have a license for a seed quality manager notwithstanding Article 
45 of this Decree. 
(4) (Relationship with Other Acts) If the Old Enforcement Decree of the Main 
Crops Seed Act or Old Enforcement Decree of the Seed and Seedling 
Control Act are applied to other Acts at the time of enforcement of this Decree, 
it shall be deemed that the corresponding provision of this Decree is applied 
in place of the old provision if there is the corresponding provision in this 
Decree. 
ADDENDUM <04/01198> 
Article 1 
Entry into Force 
This Decree shall enter into force as of April 1, 1998. 
Articles 2 through 4 (Deleted) 
ADDENDUM <08/11/98> 
Article 1 
Entry into Force 
This Decree shall enter into force as of the date of promulgation. <Proviso 
deleted> 
Article 2 (Deleted) ADDENDUM <02126/99> 
This Decree shall enter into force as of the date of promulgation. 
ADDENDUM <06/30/99> 
This Decree shall enter into force as of the date of promulgation. 
[End of Document] IPINIlIKORlP/2 
Page 111 
In case of controversy caused by translation of these provisions into another 
language, the Korean text will prevail. 