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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2024Hu11323 Decided February 27, 2025 【Nullity of Registration (Variety)】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Meaning of novelty, one of the requisite elements for plant variety protection, stipulated in Article 16 Subparag. 1 of the Act on the Protection of New Varieties of Plants In a case where: (a) seeds of a plant variety for which an application for protection of a variety has been filed or harvested materials therefrom have not been transferred for purposes of exploitation; or (b) seeds of a plant variety or harvested materials therefrom have been offered for use, in Korea for one year before the date on which an application for protection is filed and in other countries for four years (six years in the case of a fruit tree or forest tree), whether the subject plant variety is deemed to be lack of novelty (negative) [2] Where the burden of proof lies regarding the grounds for nullity in the adjudication of nullity of variety protection on the ground of lack of novelty under the Act on the Protection of New Varieties of Plants and litigation instituted to revoke the relevant trial ruling (held: party contesting the nullity) | |
