 Effect of Variety Protection Right |
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| A variety protection right holder shall have an exclusive right to exploit the protected variety commercially and industrially, and also an exclusive right to exploit the harvested material of the protected variety and the product which has been produced directly from the same material. |
| Scope of no Effect of the Variety Protection Right |
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| The effect of the variety protection right shall not extended to exploitation of the protected variety for self-consumption and for non-commercial purpose; exploitation of the protected variety for experimental and research purposes; and exploitation of the protected variety for the purpose of breeding other varieties. |
| Duration of the Variety Protection Right |
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| The variety protection right shall expire at the end of the 20th calendar year following the registration of its establishment ; for trees and fruits trees, it shall expire at the end of the 25th year. |
| Entitlement to the Breeder¡¯s Right |
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| The entitlement to the breeder¡¯s right shall be vested in the breeder or his successor in accordance with the Seed Industry Law. Where two or more persons have bred, or discovered and developed, a variety jointly, the entitlement to protection shall be vested in them jointly. |
| Variety Protection Agent for No-Residents |
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| A foreigner who has neither a domicile nor a place of business in the Republic of Korea shall be represented by an agent with respect to his plant variety protection who has an address or place of business in Korea. |
| Maintenance Obligation of the Protected Variety |
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| 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. |
