The Plant Variety and Plant Seed Act Article 36

A variety right shall become extinguished under any of the following circumstances:1. When the variety right expires, it shall be extinguished on the day following the expiration date;2. When the variety right holder abandons the right, the variety right shall be extinguished from the date that the central competent authority receives a written declaration from the variety right holder; in the case a date of the abandonment is specified in the written declaration, the variety right shall be extinguished from that specific date; or3. When the holder of the variety right fails to pay the annual fee within a time period for remedial payment, the variety right shall be extinguished on the date following the final date of the annual payment term.In the case of the death of the holder of a variety right without a person claiming to be an heir, the ownership of the variety right shall be transferred to the national treasury in accordance with the requirements of Article 1185 of the Civil Code.