• Title/Summary/Keyword: essentially derived varieties

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Ownership Guidelines of Essentially Derived Varieties in Floricultural Breeding Companies (화훼류 변이주의 소유권에 관한 종묘회사별 지침)

  • Park, In Sook;Lim, Ki Byung
    • FLOWER RESEARCH JOURNAL
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    • v.17 no.3
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    • pp.208-213
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    • 2009
  • Since International Union for the Protection of New Varieties of Plants (UPOV) was established in 1968, the number of joined nations is getting increasing and the regime for variety protection was intensified. Korea joined as the 50th member nation in UPOV. A lot of floricultural plants including rose and chrysanthemum from foreign countries have been applied and registered by Korea Seed and Variety Service (KOSID). Since Korea is one of the importing countries in cut flowers and bulbs, paying royalty is a big burden. Now we are to identify the policy on handling of a mutant from essentially derived varieties (EDV) and relation of a finder (or grower) and breeder by different companies in each country. As a result, the rights are provided not to a finder but to a breeder (breeding company) in most industries. Second, grower's rights are recognized, but in case of the mutant is commercialized, a grower and a breeder should come to a mutual agreement. Third, there is a kind of compensation system for the finder of the mutant.