The Plant Variety and Plant Seed Act Article 40

The holder of the variety right or his or her exclusive licensee may request the removal of the infringement and the prevention of any likely infringement. In case an infringement of the variety right occurs due to an intentional act or negligence, the right holder may claim damages suffered therefrom.When making a request pursuant to the preceding Paragraph, the right holder or his or her exclusive licensee may request for destruction or other necessary disposal of the infringing articles or the materials or implements used for the infringement. Where the breeder’s right to be indicated as such is infringed, the breeder may request for necessary disposition(s) to have his/her name indicated or to restore the impaired reputation.The rights to request as set forth in this Article shall become extinguished if not exercised within 2 years from the time the patentee becomes aware of the infringement and the person liable for the infringement. This right shall also become extinguished if it is not exercised within ten (10) years after the time of the infringement.