Introduction

In the Republic of Korea, proprietary protection for commercially valuable plants is potentially available under two different statutory schemes: the Patent Act and the Seed Industry Act (SIA).1 The SIA is a sui generis law for plant variety. The Patent Act protects 'asexually reproducible plant varieties' and the SIA protects plant varieties generally. Table 19.1 summarizes the relative differences between the Patent Act and the SIA for the protection of plant variety. It is still unclear whether the Patent Act is to protect only asexually reproducible plant varieties. On the contrary, the method of breeding plants can be protected under the Patent

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