Genetically modified plants that propagate through seeds become the subject of
patent
Recently, research on ‘genetically modified plants,’ such as rice
that prevents smallpox or malaria, bean that cures diabetes, and super corn that
produces mass ethanol used as fuel for vehicles, is being made by advanced
countries.
Although there are still criticisms on using genetically
modified plants as foods, the expectations of creating high value-added in
various fields, including pharmaceutical and bio-energy industry, is making
countries such as America and China to invest massive amounts on research
related to this technology. These countries are currently waging an ‘invisible’
war against each other to preoccupy the technology.
In Korea, plants
that propagate through seeds, such as rice, wheat, and bean are not yet
recognized as the subject of patents. For this reason, research accomplishments
on genetically modified plants, such as ‘bean inserted with certain genes,’ are
in a gray area of legal protection, falling under the same category of
unrecognized subject of patents.
To overcome this problem, KIPO has
recently omitted the regulation on patent law that limits the scope of
protection to asexual reproduction only, providing a ground for protecting
plants that propagate through seeds. Following this revision, genetically
modified plants that propagate through seeds have been protected since October
1st, 2006.
To develop technologies related to genetically modified
plants, the major field of bioengineering, it is essential to protect related
technology. Thanks to this revision, domestic bioengineers studying plants such
as rice with resistance against weed killers and red pepper strong against
viruses can enjoy protection on their research accomplishments. The newly
revised patent law is expected to activate R&D related to genetically
modified plants.
<Attachment 1> Explanation of words
1.
Seed propagation
: Propagation through seeds. Since this propagation is made
by the reproduction cells of both sexes (mating), it is also called sexual
propagation.
2. Asexual propagation
: Without the procedure of
making reproduction cells of both sexes (mating), this propagation is made by a
part of the main body (such as sprout, stem, or leaf) becoming the full plant of
the next generation. It is also called vegetative reproduction.
3.
Genetically modified plants
: Plants with a genetic structure that has been
modified by genetic engineering. Genetically modified plants are a part of GMO
(Genetically Modified Organism).
4. Plant Breed Protection System of the
Ministry of Agriculture and Forestry
: This is a system protecting the breed
of plants under the Seed Industry Law, regardless of the plant being propagated
sexually or asexually. The condition of registration includes newness,
distinctiveness, evenness, stability, and the name of kind.
5. The
previous Article 31 of Patent Law
: (Patent/invention related to plants)
People who invent a variation of plant that propagate asexually can obtain a
patent for their invention.
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