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Korea (South) - New Plant Variety Protection Law

South Korea has enacted a Seeds Industry Law which became effective on December 31, 1997. Protection is initially restricted to a limited number of species. However, Korea has indicated its intention of joining the International Convention for Protection of New Varieties of Plants and once this is done it will have ten years to extend protection to all types of new plant varieties.

To qualify for protection, a new variety must not have been sold or transferred commercially in Korea more than one year before the filing of an application for protection in Korea or have been sold or transferred commercially in any member country of the International Convention on New Plant Varieties more than four years (or six years in the case of certain types of trees) before the filing date in Korea. Protection will normally be for a period of twenty years from the date of registration, but is for twenty-five years in the case of forest and fruit trees.


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