중국의 식물신품종 보호제도에 관한 연구

신찬호(Shin Chan Ho) 중앙대학교 법학연구원 2013 法學論文集 Vol.37 No.3

As genetic resources and knowledge related with genetic resources become objects important to humankind, research and development on genetic resources have become important means to economic development and competitiveness of nations. Among genetic resources, lately, studies on new plant varieties have more importance from a viewpoint of food resources. Breeding new plant varieties needs professional knowledge and techniques and a lot of time and expenses. In order to breed and promote new plant varieties, a system to protect rights of seeds of new plant varieties is necessary. The system to protect new plant varieties is to protect them by acceptance through the patent law. Another thing is to protect them by preparing for an additional bill like a protection law of new varieties of plants. Because meeting patent requirements is hard about protecting plant varieties with that kind of the patent law, difficulties occurred in protection of plant varieties. As an alternative for this, the thing which is planned with other requirements in properties of plants different from just patents in order to protect plant varieties is an agreement of UPOV (International Union for the Protection of New Varieties of Plants). China joined the agreement of UPOV 1978 on April 23, 1999 and announced acts of new varieties of plants on April 30, 1997. Later, related laws were enacted like detailed rules of implementation of protection ordinances of new plant varieties in agriculture and forestry parts, seeds law on Nov. 1, 2000, interpretation about some problems in dispute hearing of new plant varieties of supreme people's court on Feb. 5, 2001, some regulations about detailed law application problems in dispute item hearing of new plant varieties' rights of supreme people's court on Jan. 12, 2007, and so on. This paper tries to examine main contents of protection ordinances of new plant varieties in China, concrete law application problems of supreme people's court in case of occurrence of disputes on rights of new plant varieties, problems and improvement plans of protection ordinances of new plant varieties.

중국의 식물신품종 보호제도에 관한 연구

신찬호 중앙대학교 법학연구원 2013 法學論文集 Vol.37 No.3

As genetic resources and knowledge related with genetic resources become objects important to humankind, research and development on genetic resources have become important means to economic development and competitiveness of nations. Among genetic resources, lately, studies on new plant varieties have more importance from a viewpoint of food resources. Breeding new plant varieties needs professional knowledge and techniques and a lot of time and expenses. In order to breed and promote new plant varieties, a system to protect rights of seeds of new plant varieties is necessary. The system to protect new plant varieties is to protect them by acceptance through the patent law. Another thing is to protect them by preparing for an additional bill like a protection law of new varieties of plants. Because meeting patent requirements is hard about protecting plant varieties with that kind of the patent law, difficulties occurred in protection of plant varieties. As an alternative for this, the thing which is planned with other requirements in properties of plants different from just patents in order to protect plant varieties is an agreement of UPOV (International Union for the Protection of New Varieties of Plants). China joined the agreement of UPOV 1978 on April 23, 1999 and announced acts of new varieties of plants on April 30, 1997. Later, related laws were enacted like detailed rules of implementation of protection ordinances of new plant varieties in agriculture and forestry parts, seeds law on Nov. 1, 2000, interpretation about some problems in dispute hearing of new plant varieties of supreme people’s court on Feb. 5, 2001, some regulations about detailed law application problems in dispute item hearing of new plant varieties’ rights of supreme people’s court on Jan. 12, 2007, and so on. This paper tries to examine main contents of protection ordinances of new plant varieties in China, concrete law application problems of supreme people’s court in case of occurrence of disputes on rights of new plant varieties, problems and improvement plans of protection ordinances of new plant varieties.

신품종 재배농가의 경영성과 및 품종 보급 방안 연구

최두은,김단혜,손지용,이도영,이동현 한국산학기술학회 2023 한국산학기술학회논문지 Vol.24 No.12

This study evaluated the business performance following the introduction of new varieties of crops and analyzed the distribution plans for the same. In-depth interviews were conducted with farms that adopted the 'Hogammi' variety, and data were collected from 8 farms that cultivated both 'Hogammi' and 'Beniharuka' varieties of sweet potatoes. To assess the performance, revenue, operating expenses, and income were set as evaluation indicators. To understand the current status of farms adopting new varieties, the demographic characteristics of the surveyed subjects, adoption factors, variety improvement issues, cultivation challenges, and farm preferences were analyzed. The results of the analysis suggest that the domestic variety 'Hogammi' has the potential to replace foreign varieties. The following areas need improvement for the spread of this variety: First, quality aspects such as resistance to internal pests and sweet potato quality improvement should be addressed when introducing new varieties in the future. Second, rural development agencies should provide strategies not only for seed supply but also for securing markets for new varieties of sweet potatoes. Third, new varieties should be prioritized for adoption by innovative farms. Fourth, it is necessary to establish an agricultural education curriculum that includes cultivation techniques for high-quality sweet potato production. It is believed that the results of this study can serve as a foundational resource for devising strategies to promote the spread of domestic varieties and increase the income of sweet potato cultivation farms.

식물신품종보호제도의 개선방안에 관한 검토

김선희,신재호 한국지식재산학회 2023 産業財産權 Vol.- No.76

「식물신품종 보호법」에서는 형식적으로 특허제도와 유사한 방식으로 식 물신품종을 보호하고 있으며, 품종보호 출원을 통해 품종명칭에 대한 상표 권 유사의 권리를 취득할 수 있는 품종명칭등록제도를 함께 운영하고 있다. 전통적인 방법으로 새로운 품종을 육성하는 농어민들이 특허요건을 충족시 킬 수 있도록 출원서류를 작성하는 것은 사실상 불가능하다는 점에서 기존 품종과 차별되는 특성과 육성 경과도표 및 육성 계통도만으로도 신품종에 대한 권리를 취득할 수 있는 식물신품종보호제도는 의미가 있다. 이는 마치 특허제도와 별도로 실용신안제도를 운영하는 것과 그 취지가 유사하다. 다만, 바이오 관련 기술의 발전과 함께 식물신품종 관련 특허출원이 증가 하면서 이로 인한 저촉‧충돌 문제가 발생하지 않도록 하기 위한 제도적 정비 가 필요하다. 즉, 동일한 신품종에 대해 특허권과 품종보호권이 양립할 수 있는 것인지, 자가채종 등 품종보호권의 효력이 제한되는 실시행위에 대해 서도 특허권 행사가 가능한 것인지, 품종보호권으로 보호되는 보호품종의 육종방법에 대해 제3자가 특허권을 취득한 경우의 그 취급 등 전반적인 검토가 필요하다. 식물신품종보호제도에 대한 보다 큰 관심과 활발한 후속 연구를 바탕으로 품종의 고품질화를 통한 종자산업의 발전 및 식량 안보 강화에 도움이 되길 기대한다. In the New Plant Variety Protection Act, the right to monopolize the implementation as a business is granted through procedures such as application, examination, and establishment registration, which formally is very similar to the patent system in protecting plant new varieties. However, upon closer examination, there are notable differences in terms of protection requirements, the concept of implementation, limitations on efficacy, and the duration of validity. Moreover, the operation of a variety name registration system, through which one can acquire rights similar to trademark rights for variety names via plant variety protection applications, is quite exceptional in the framework of intellectual property law. In other words, the New Plant Variety Protection Act, by protecting the rights of breeders, encourages the development of new varieties, and by preventing confusion of variety names, contributes to the maintenance of trading order and industrial development, thus sharing the roles of patent and trademark systems. This paper aims to discuss the improvement measures of the Plant Variety Protection System by reviewing and comparing it with the patent system, and examining the variety name registration system. Particularly, although there are regulations adjusting the relationship with the trademark law in the variety name registration system, there is absolutely no legislative measure prepared for adjusting the relationship with the patent law where the subject of protection can overlap. Hence, this paper discusses improvement measures centering around the relationships with trademark and patent laws.

A New Late-maturing Variety of Italian Ryegrass (Lolium multiflorum Lam.), ‘IR901’, with High Forage Productivity in the Southern Region of South Korea

Ki-Yong Kim,Ki Won Lee,Sang Hoon Lee,Gi Jun Choi,Hyung Soo Park,Hee Chung Ji,Yo-Soon Jang,Tae-Young Hwang 한국국제농업개발학회 2022 韓國國際農業開發學會誌 Vol.34 No.1

This study was conducted at the National Institute of Animal Science (NIAS) from 2010 to 2017 to develop a late-maturing variety with high productivity for cultivation in the southern region of South Korea. The new variety of Italian ryegrass, ‘IR901’, was a late-maturing variety, and its heading date was 22 May, 17 days later than that of the control variety ‘Kowinearly’. ‘IR901’ had a flag leaf width of 11.2 mm, flag leaf length of 31.8 cm, and plant length of 103 cm on its heading date. The combined average dry matter yield of ‘IR901’ in all three adaptability evaluation regions (Cheonan, Pyeongchang and Haenam) was 7,747 kg/ha, which was similar to that of the ‘Kowinearly’ variety (7,734 kg/ ha). However, the average dry matter yield over three years in Cheonan and Pyeongchang was 82% and 96%, respectively, compared to that of the control, which was most likely because of the poor cold tolerance of ‘IR901’. By contrast, in Haenam, in the southern region, the average dry matter yield of ‘IR901’ was 19% higher than that of the ‘Kowinearly’ variety. The proportions of crude protein (CP), total digestible nutrients (TDN), acid detergent fiber (ADF), and neutral detergent fiber (NDF) in ‘IR901’ were 8.6%, 59.7%, 36.9%, and 54.8%, respectively; the proportions were 0.2% lower, the same, the same, and 2.5% lower than those in the ‘Kowinearly’ variety. The determined in vitro dry matter digestibility (IVDMD) of ‘IR901’ was 72.2% higher than that of ‘Kowinearly’ (67.2). In general, of the two varieties, the forage quality of ‘IR901’ was marginally superior to that of ‘Kowinearly’.

Substitution Elasticity and Gains from Trade Variety in South Korea

강기천 한국무역학회 2022 Journal of Korea trade Vol.26 No.7

Purpose – Recent international studies have largely focused on measuring the welfare gains from increased trade varieties. To adequately capture the variety gains, it is of importance to estimate the elasticity of substitution between varieties of trade goods because it is one of the key parameters to determine the magnitude of the variety gains. Using the import data of South Korea, this paper shows that the elasticities vary substantially across the estimators, which affects the magnitude of the gains from trade. Design/methodology – Empirical studies working on the gains from trade variety have heavily depended on the estimation methods for the elasticity of substitution between trade varieties, developed by Feenstra (1994) and refined by Broda and Weinstein (2006). We estimate and compare the estimated elasticities for 8,945 HS 10 goods of South Korea, obtained from the three estimation methods: Feenstra’s weighted least square (F-WLS), Feenstra’s feasible generalized least square (FFGLS), and Broda and Weinstein’s feasible generalized least square (BW-FGLS). Findings – Using the estimated elasticities from the F-FGLS, considered as a suitable estimator, A typical Korean consumer saved 228 dollars per year by the greater access to new import varieties. This leads to gains from imported variety of 2.06% of GDP. In 2017, a typical Korean consumer would gain by 611 dollars, compared with 2000. China is the country with the largest contribution (28.4%), followed by Japan and USA. About 50% of all the welfare gains come from the imports from the three main trade partners. The Southern Asian countries are more important to the South Korean welfare gain than the Western European countries. Originality/value – Existing studies have chosen one of the methods without any criterion for the choice and then estimated the elasticities of substitution between varieties of trade goods. This paper focuses on the estimation specifications and methods as the cause of the disparity in estimated elasticities and welfare gains from trade variety. According to the Ramsey RESET and White tests, the F-FGLS estimates are relatively better compared to the F-WLS and BW-FGLS estimates. As another contribution, this paper provides the first measure of the welfare gains from trade variety for South Korea, using the estimated elasticities of substitution between trade varieties.

언어변이와 언어정책

변명섭 미래영어영문학회 2014 영어영문학 Vol.19 No.1

The term dialect refers to a variety of a language that is a characteristic of a particular group of the language's speakers. Any variety of a language constitutes "a dialect", including any standard varieties. There are no firm criteria for deciding whether one is dealing with two dialects of one language, or two different languages. Non-linguistic factors play a role in determining the difference between languages and dialects. The distinction is therefore subjective and depends on the language policies of the users. Standard English is, in this sense, a language, and its varieties or dialects are considered to be socially subordinated to national standard language. Today, as a result of the global spread of English, there exist a number of English varieties, sub-standard English, or New Englishes in the world, particularly in the Outer Circle of English. I suggest that the direction of language policies treat these New Englishes, the second-language varieties of English, as autonomous Englishes, not subordinated to British or American Standard English, as they reflect the genetic principle of language universals, historical and social forces, covert prestige and local solidarity, markers of identity, and linguistic rights of a particular group of the language's speakers.

발이가 균일하고 색이 진한 갈색 팽이버섯 신품종 ‘아삭초코’의 특성

이관우,전종옥,서보민,이경준,채문희,김주형,장명준 한국버섯학회 2023 한국버섯학회지 Vol.21 No.2

A new dark brown variety of Flammulina velutipes, referred to as ‘Asakchoco’, was bred by crossing two monokaryons isolated from the ‘Yeoreumhyang2ho’ and ‘Guemhyang2ho’ varieties. The pileus color of the new variety is dark brown and the stipe color is ivory, with uniformity from the upper section to the base. In addition, the primordia formation is uniform compared to that of the control, and the advantage of this is that the pileus does not become deformed after the primordia formation. During bottle cultivation, the period necessary for mycelial growth was 40 d, for primordia formation was 8 d, and for fruiting body growth was 16 d. The total cultivation period was 64 d, which was 2 d shorter than that of the control. The pileus was smaller and thicker and the stipe diameter was the same, but the stipe length was longer than that of the control. The number of valid stipes per bottle was 441, 24% higher than that of the control (357), and the yield was 197 g, 19% higher than that of the control (166 g).

고품질·다수성 갈색 팽이버섯 신품종‘아삭골드’ 육성 및 특성

이관우,서보민,김승덕,전종옥,김민자,김주형,장명준 한국버섯학회 2023 한국버섯학회지 Vol.21 No.3

A new brown variety of Flammulina velutipes, referred to as ‘Asakgold,’ was bred by crossing two monokaryons isolated from the “Geumhyang2ho” and “Garlmoe” varieties. The pileus color of the new variety is light brown and its shape is hemispherical. During bottle cultivation, the period necessary for mycelial growth was 40 days, 9 days for primordia formation and 15 days for fruiting body growth. The total cultivation period was 64 days, which was similar to that of the control variety “Yeoreumhyang1ho.” The pileus of the new variety was similar and the stipe was thinner and longer than that of the control. The number of valid stipes per bottle was 495, which was 37 % higher than that of the control (362), and the yield was 214 g, 16 % higher than that of the control (185 g). The -glucan content was 28.69 %, which was observed to be 1.6 times more than that of the control.

이탈리안 라이그라스 신품종 '그린콜'의 생육특성과 수량성

지희정,황태영,이기원,김원호,우제훈,홍기홍,최규환,Ji, Hee Chung,Whang, Tae Young,Lee, Ki-Won,Kim, Won Ho,Woo, Jae Hoon,Hong, Ki Hung,Choe, Kuh Wann 한국초지조사료학회 2018 한국초지조사료학회지 Vol.38 No.4

본 시험은 추위에 강하고 생산성이 우수한 이탈리안 라이그라스 품종을 육성하기 위하여 2009년부터 2017년까지 국립축산과학원 초지사료과에서 수행되었다. 이탈리안 라이그라스 신품종 그린콜은 2배체 작물로 엽색은 녹색이며, 월동 전 초형은 반직립형, 봄의 초형은 직립형이다. 그린콜은 4월 25일경에 출수하는 극조생종 품종이고 지엽폭이 8 mm, 지엽 길이는 24.9 cm 이며, 출수기의 초장은 96 cm로 플로리다 80호 보다 5 cm 정도 짧다. 줄기 두께는 플로리다 80호 보다 0.14 mm 굵고 이삭 길이는 플로리다 80호와 대등하다. 그린콜의 건물수량은 11,592 kg/ha로서 대조품종인 플로리다 80호에 비하여 약간 높았다. 상대적 사료가치는 그린콜이 96.7인데 비해 수입종인 플로리다 80호는 89.8로 다소 높고 가소화양분총량 (TDN)이 60.8 %로서 플로리다 80호에 비해 2.1% 높았고, 산성세제불용섬유 (ADF)와 중성세제불용섬유 (NDF)는 각각 35.5 및 58.9 %로서 대조 품종 보다 약간 낮았다. This experiment was carried out to breed a very early maturing variety of Italian ryegrass (Lolium multiflorum Lam.) in Grassland and Forage Crops Division, National Institute of Animal Science, RDA, Cheonan from 2015 to 2017. New variety of Ryegrass, 'Green Call' is a diploid variety with green in leaf color and has semi-erect growth habit in late autumn and erect growth habit in early spring, 'Green Call' was on April 25 in heading date as a early-maturing variety. Also 'Green Call' was narrower by 2 mm in flag leaf width, longer by 1.3 cm in flag leaf length and shorter by 5 cm in plant height than those of control variety, 'Florida 80', respectively. 'Green Call' was also thicker by 0.14 mm in stem thickness and strong in winter hardness. Dry matter (DM) yield (11,592 kg/ha) of 'Green Call' was similar to that of 'Florida 80'. Total digestible nutrient (TDN), crude protein (CP) and relative feed value (RFV) of 'Green Call' were 60.8, 10.3 and 96.7 % which are 2.1, 1.1, 6.9 % higher than those of 'Florida 80', respectively. Acid detergent fiber (ADF) and neutral detergent fiber (NDF) of 'Green Call' were 35.5 and 58.9 % which are 2.7 and 2.3 % lower than those of 'Florida 80', respectively.