The plant variety protection system (PVP), which started in 1968 to protect the rights of breeders, was first launched in Korea in 1998 with 27 species, including rice and barley. In 2008, the forest sector started the PVP system, which was later than the agricultural sector, and included 15 species of chestnut, oak mushroom, etc. It was then extended to all plants species in 2012. The new plant variety protection system protects the rights of the breeder for a new variety when it has novelty, denomination, distinctness, uniformity, and stability. In the past decade, a total of 424 new varieties of forest plant applications have been filed, and 193 new varieties have been registered. The number of applications of new varieties has increased every year, with 18 new varieties applied in the early stages of the forest sector’s PVP system, and 20~30 new varieties are registered each year. In the early stages of the operation of the PVP system, the central and local governments mainly took the applications (82 applications), but recently, due to consulting, promotion of the PVP system and support of breeders, applications to the private sector, such as individual breeders and the seed industry have increased (107 applications). The National Forest Seed Variety Center (NFSV) publishes Test Guidelines (292 books) and DUS test manuals (7 books), and conducts the “PVP system information session” every year of the PVP system settlement. NFSV will continue to implement policies for protecting the rights of breeders and the development of the bio-industry sector. These efforts provide a new provision against the Nagoya Protocol Paradigm with the promotion of the forest bio-industry.

Community Plant Variety Rights (CPVR) system was introduced in 1995 in European Union. This right guarantees the exclusive exploitation rights for a plant variety and is effective in 28 EU member states through a single application to the Community Plant Variety Office (CPVO). The legal basis for the CPVR system is found in the Council Regulation (EC) No 2100/94 (the Basic Regulation). The scope of protection in the Basic Regulation is extended in the same way in UPOV 1991 convention. However, the protection of harvested material is not sufficiently well-defined in the Basic Regulation resulting in uncertainties and loopholes in the CPVR. By exceptions to the breeder’s right provision, farmers may save seed for some species provided that they pay an appropriate royalty to rights’ holder which is lower than that of equivalent certified seed. CPVR holders currently find it difficult to obtain royalties for farm saved seed (FSS) use, in part due to the difficulty in requesting information from farmers. The provision for ‘Essentially Derived Varieties’ (EDVs) helps to protect against plagiarism of plant varieties that are too similar to one another. However, there is no standardized protocol or threshold developed by CPVO to determine EDVs. The CPVR law provides a harmonized intellectual property regime for plant varieties at EU level, but enforcement varies widely in practice in Member States. And in some cases dispute resolution mechanisms are not easily accessible. This is considered to be one of the biggest problems inhibiting an effective EU-wide plant variety rights system.