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【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) an application for plant variety protection was filed for seeds of a plant variety or harvested materials therefrom that have been offered for use, in Korea within one year from the date of the initial transfer and in other countries within 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 grounds of lack of novelty under the Act on the Protection of New Varieties of Plants and in the litigation instituted to revoke the relevant adjudication ruling (held: party contesting the nullity)
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