The Plant Variety and Plant Seed Act Article 8

Unless otherwise specified in an agreement between the parties, the variety right and the right to apply for a variety for a variety bred by, or discovered and developed by, an employee within the course of employment shall be vested in the employer, and the employer shall provide the employee with appropriate rewards or remuneration.A variety bred, or discovered and developed, by an employee within the course of employment as set forth in the preceding Paragraph shall mean the variety completed by an employee in the course of performing during the period of employment relationship.Where a fund provider appoints another party to engage in the work of breeding a variety, the agreement between the partiesshall govern with respect to the ownership of the right to apply for a variety and a variety right, or such rights shall be vested in the breeder in the absence of such agreement. However, the fund provider shall be entitled to exploit such variety.In accordance with the requirements of Paragraphs 1 or 3 of this Article, where the right to apply for a variety and a variety right are vested in the employer or the fund provider, the breeder concerned shall be entitled to a right to have his/her name shown as such.