Act On The Protection Of New Varieties Of Plants
전체선택
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
Article 2 (Definitions)
Article 3 (Plant Varieties Protectable)
CHAPTER II PROTECTION OF RIGHTS OF BREEDERS
SECTION 1 Common Provisions
Article 4 (Managers of Plant Variety Protection for Expatriates)
Article 5 (Scope of Agent's Authority)
Article 6 (Verification of Agent's Authority)
Article 7 (Representative of Multiple Parties)
Article 8 (Extension, etc. of Period)
Article 9 (Correction of Procedures)
Article 10 (Invalidation of Procedures)
Article 11 (Timing when Submitted Documents Take Effect)
Article 12 (Implementation of Procedures for Plant Variety Protection Using Electronic Documents)
Article 13 (Reporting on Use of Electronic Documents and Electronic Signature)
Article 14 (Giving Notification, etc. via Information and Communications Networks)
Article 15 (Application Mutatis Mutandis of the Patent Act, etc.)
SECTION 2 Requirements for Protection of Plant Varieties and Applications for Protection of Plant Varieties
Article 16 (Requirements for Protection of Plant Varieties)
Article 17 (Novelty)
Article 18 (Distinctness)
Article 19 (Uniformity)
Article 20 (Stability)
Article 21 (Persons Entitled to Plant Variety Protection)
Article 22 (Aliens' Capacity to Enjoy Rights)
Article 23 (Applications for Plant Variety Protection by Persons without Rights and Protection of Lawful Holders of Rights)
Article 24 (Plant Variety Protection for Persons without Rights and Protection of Lawful Holders of Rights)
Article 25 (First-Come, First-Served Basis)
Article 26 (Transfer, etc. of Plant Variety Rights)
Article 27 (Succession to Plant Variety Rights)
Article 28 (Breeding, etc. by Public Officials in Course of Performing Duties)
Article 29 (Compensation, etc. for Public Officials for Breeding in Course of Performing Their Duties)
Article 30 (Filing Applications for Plant Variety Protection)
Article 31 (Claim for Right of Priority)
Article 32 (Acceptance, etc. of Applications)
Article 33 (Correction of Applications)
Article 34 (Exclusion from Change of Intent of Application)
Article 35 (Rejecting Corrections)
SECTION 3 Examinations
Article 36 (Examinations by Examiners)
Article 37 (Making Applications Public)
Article 38 (Right of Provisional Protection)
Article 39 (Exercise of Right of Provisional Protection and Suspension of Litigation Procedures)
Article 40 (Examination of Applied Plant Varieties)
Article 41 (Submission, etc. of Data)
Article 42 (Decisions of Refusal and Notification of Reasons for Refusal)
Article 43 (Decisions of Plant Variety Protection)
Article 44 (Suspension of Examinations or Legal Proceedings)
Article 45 (Application Mutatis Mutandis of the Patent Act)
SECTION 4 Plant Variety Protection Fees, Registration of Plant Variety Protection, etc.
Article 46 (Plant Variety Protection Fees)
Article 47 (Payment of Plant Variety Protection Fees after Expiration of Period for Payment)
Article 48 (Supplement of Plant Variety Protection Fees)
Article 49 (Applications for Plant Variety Protection, Reinstatement of Plant Variety Rights, etc. by Additional Payment or Supplementation of Plant Variety Protection Fees)
Article 50 (Exemption from Plant Variety Protection Fees)
Article 51 (Refund of Fees for Plant Variety Protection)
Article 52 (Plant Variety Register)
Article 53 (Official Reports on Plant Variety Protection)
SECTION 5 Plant Variety Rights
Article 54 (Registration of Establishment of Plant Variety Rights)
Article 55 (Duration of Plant Variety Rights)
Article 56 (Effect of Plant Variety Rights)
Article 57 (Scope where Plant Variety Right does not Extend)
Article 58 (Restriction on Effects of Plant Variety Rights)
Article 59 (Prohibition against Restriction on Plant Variety Rights)
Article 60 (Transfer, etc. of Plant Variety Rights)
Article 61 (Exclusive Licenses)
Article 62 (Effect of Registration of Plant Variety Rights and Exclusive Licenses)
Article 63 (Non-Exclusive Licenses)
Article 64 (Non-Exclusive Licenses Based on Prior Use)
Article 65 (Non-Exclusive Licenses by Exploitation Prior to Registration of Requests for Nullity Adjudication)
Article 66 (Non-Exclusive Licenses following Transfer of Plant Variety Right due to Exercise of Pledge Right)
Article 67 (Arbitration on Establishment of Non-Exclusive Licenses)
Article 68 (Service of Requests for Arbitration)
Article 69 (Methods of Arbitration, etc.)
Article 70 (Service of Certified Copy of Arbitration Award)
Article 71 (Deposit of Price)
Article 72 (Invalidation, etc. of Arbitration)
Article 73 (Limitations on Reasons for Objections to Arbitration)
Article 74 (Effect of Registration of Non-Exclusive Licenses)
Article 75 (Restriction on Abandoning Plant Variety Rights, etc.)
Article 76 (Effect of Abandonment)
Article 77 (Pledge Rights)
Article 78 (Subrogation of Pledge Rights)
Article 79 (Revocation of Plant Variety Rights)
Article 80 (Lapse of Plant Variety Rights if no Inheritor Exists)
Article 81 (Reporting on Exploitation of Plant Variety Rights)
Article 82 (Duty to Maintain Protected Plant Varieties)
SECTION 6 Protection of Holders of Plant Variety Rights
Article 83 (Right, etc. to Request Prohibition against Infringement of Right)
Article 84 (Acts Deemed Infringements)
Article 85 (Right to Claim Compensation for Damage)
Article 86 (Presumption of Negligence)
Article 87 (Restoration of Business Credit of Holders, etc. of Plant Variety Rights)
Article 88 (Marking or Labeling of Protected Plant Varieties)
Article 89 (Prohibition against False Marking)
SECTION 7 Adjudication
Article 90 (Plant Variety Protection Tribunal)
Article 91 (Adjudication on Decision of Refusal or Decision of Revocation)
Article 92 (Adjudication of Nullity of Plant Variety Protection)
Article 93 (Method of Requesting Adjudication)
Article 94 (Adjudicators)
Article 95 (Designation, etc. of Adjudicators)
Article 96 (Panel of Adjudicators)
Article 97 (Application Mutatis Mutandis of Provisions of Examination to Adjudication on Decision of Refusal)
Article 98 (Application Mutatis Mutandis of the Patent Act)
SECTION 8 Re-Adjudication and Lawsuits
Article 99 (Requests for Re-Adjudication)
Article 100 (Filing Objection to Adjudication on Fraudulent Acts)
Article 101 (Restriction on Effects of Plant Variety Right Reinstated by Re-Adjudication)
Article 102 (Non-Exclusive Licenses for Prior Users of Plant Variety Rights Reinstated through Re-Adjudication)
Article 103 (Lawsuits on Decisions, etc.)
Article 104 (Lawsuits of Objections against Price)
Article 105 (Application Mutatis Mutandis of the Patent Act, etc.)
CHAPTER III DENOMINATIONS OF PLANT VARIETIES
Article 106 (Denominations of Plant Varieties)
Article 107 (Requirements for Registration of Denominations of Plant Varieties)
Article 108 (Application for Denominations of Plant Varieties in Advance of other Applications)
Article 109 (Procedures, etc. for Registering Denominations of Plant Varieties)
Article 110 (Filing Objections to Registration of Denominations of Plant Varieties)
Article 111 (Corrections to Reasons, etc. for Filing Objections to Registration of Denominations of Plant Varieties)
Article 112 (Decisions on Filed Objections to Registration of Denominations of Plant Varieties)
Article 113 (Ex Officio Decisions of Refusal after Public Announcement of Applications for Registration of Denominations of Plant Varieties)
Article 114 (Multiples Objections to Registration of Denominations of Plant Varieties)
Article 115 (Filing Objections to Decisions to Refuse Registration of Denominations of Plant Varieties)
Article 116 (Use, etc. of Denominations of Plant Varieties)
Article 117 (Revocation of Denominations of Plant Varieties)
CHAPTER IV SUPPLEMENTARY PROVISIONS
Article 118 (Seed Commission)
Article 119 (Mediation of Disputes)
Article 120 (Exclusion, etc. of Members)
Article 121 (Requests, etc. for Data)
Article 122 (Requests for Attendance)
Article 123 (Ex Officio Decisions of Mediation)
Article 124 (Conclusion, etc. of Mediation)
Article 125 (Fees)
Article 126 (Exemption from, and Refund of, Fees)
Article 127 (Language to Use)
Article 128 (Keeping, etc. of Documents)
Article 129 (Delegation and Entrustment of Authority, etc.)
Article 130 (Application Mutatis Mutandis of the Patent Act)
CHAPTER V PENAL PROVISIONS
Article 131 (Infringements, etc.)
Article 132 (Perjury)
Article 133 (Crimes of False Marking)
Article 134 (Crimes, etc. of Divulging Confidential Information)
Article 135 (Joint Penal Provisions)
Article 136 (Confiscation, etc.)
Article 137 (Administrative Fines)