논문 상세보기
pp.11-21
Eighteen years have passed since Korea introduced plant variety protection (PVP) system. Korea is being considered as one of the countries which introduced PVP system successfully. However, there have been lots of changes in circumstances surrounding PVP system during this period. Regarding future direction of PVP system in Korea, firstly the function and role of three organizations which now independently operate PVP system need to be reorganized to improve efficiency in PVP operation dealing with global issues. Secondly, authorities need to devise more user-oriented application form and process. This is because breeders feel some difficulties in preparing application documents. Thirdly, Korea has to create sound environments which guarantee effective enforcement of breeders’ rights and secure reliability of the system against infringement. Regarding decision of infringement, a reasonable threshold should be set up to decide whether certain varieties are different from protected varieties or not using both growing test and DNA test. For essentially derived varieties (EDV), authorities need to establish a reasonable threshold to decide whether there is an essential derivation or not. In addition, to prevent dispute between PVP holders and farmers regarding the use of farm saved seeds in the future, clarification of farm saved seed article in legislation is necessary. Lastly, there might be some contradiction between PVP and Nagoya protocol in disclosure of origin, prior informed consent, benefit sharing, etc. In advance of enactment of domestic ABS law, authority needs to study impact of Nagoya protocol on PVP system to minimize confusion and damage on breeders.
