The Plant Variety and Plant Seed Act Article 9

Where a variety bred by, or discovered and developed by, an employee outside the course of employment, the employee shall be entitled to the right to apply for the variety and the variety right. However, if such variety is made through the utilization of the employer’s resources or experiences, the employer may exploit the variety in the enterprise after paying reasonable remuneration to the employee.Where an employee completes a variety that has no connection to the course of the employment, the employee shall give a written notification to the employer regarding such facts; and, if necessary, shall also inform the employer of the breeding process, or the discovery and development process, of the variety.If the employer fails to raise any objection to the employee within six months after receiving the employee’s written notification under the preceding Paragraph, the employer shall not claim that such variety was completed by the employee withinthe course of the employment.