COMPARATIVE ANALYSIS OF THE LAWS ON THE PROTECTION OF NEW PLANT VARIETIES OF THE DPR KOREA AND THE RUSSIAN FEDERATION
Main Article Content
Abstract
The legal protection of the rights of breeders who have developed new plant varieties is one of the important guarantees for resolving acute food problems by increasing agricultural production not only in the scope of an individual country, but also on a worldwide scale. Hence, several multilateral treaties have been concluded to protect new plant varieties or the breeders' rights and individual countries are enacting and enforcing relevant national laws. The DPR Korea and the Russian Federation also enacted national laws on the protection of new plant varieties in conformity with the international demand for the protection of new plant varieties and their specific conditions. A comparative analysis of the laws related to the protection of new plant varieties of the DPR Korea and the Russian Federation would be of particular significance in developing bilateral cooperation in the agricultural field in view of the present situation where relations between the two countries are getting increasingly close. The paper attempts to compare and analyze some of the differences in the protection of the new plant varieties of the DPR Korea and Russia in terms of the parties and objects of variety right protection, the eligibility requirements of protection, the contents of rights, the period of protection etc.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Alan G. Isaac and Walter G. Park, Open development: is the ‘open source’ analogy relevant to biotechnology? : The Role of Intellectual Property Rights in Biotechnology Innovation 229 (David Castle, 2009).
Dan L. Burk, Patent and Related Rights: A Global Kaleidoscope: The Oxford Handbook of Intellectual Property Law 486 (Oxford University Press, 2018).
Evans Sikinyi, Experiences in Plant Variety Protection under the UPOV Convention 253 (UPOV Publication No.792(E), 2005).
Gunjan Bhagchandani, Laws Relating Protection of Plant Varieties and Farmer’s Rights: Intellectual Property Rights and their implementations 263 (Jagan Nath University, 2018).
IP Australia, A Guide to Applying for your Plant Breeder’s Right:IP Australia Plant Breeder’s Rights Application Guide 33 (IP Australia, 2012).
Laurence R. Helfer, Intellectual property rights in plant varieties : International legal regimes and policy options for national governments 43 (FAO, 2004).
Padma Nambisan, An Introduction to Ethical, Safety and Intellectual Property Rights Issues in Biotechnology 325 (Elsevier, 2017).
Qinfang Wang and Yinliang Liu, IPR Protection in China-A General Review 243 (UPOV Publication No. 792(E), 2005).
Rajkumar S. Adukia, Handbook on Intellectual Property Rights in India 103 (2013), available at http://www.metastudio.org/Science%20and%20Ethics/file/readDoc/535a76367d9d331598f49e2d/34_Hb_on_IPR.pdf.
Victoria Henson-Apollonio, Patent Protection for Plant Material 39 (UPOV Publication No.792(E), 2005).