Principle of First-to-File for Plant Variety Protection
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In cases where two or more persons independently file applications for protection on different dates for the same plant variety, the Plant Variety Protection Certificate shall only be granted to the applicant who filed the earliest valid application.
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In cases where multiple applications for protection of the same plant variety are filed on the same date, the Plant Variety Protection Certificate shall only be granted to the person whose name appears on a single application, as agreed upon by all applicants. If no agreement can be reached, the state authority in charge of plant variety rights shall consider granting the Plant Variety Protection Certificate on the basis of determining the person who first bred or discovered and developed that plant variety.
Legal basis: Article 166 of the Law on Intellectual Property 2005.
