1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is an incorporated foundation that has a right to intellectual property, such as patents, trademarks, plant varieties, works, etc., developed by the U.S. Chonam University. On January 10, 2012, the Plaintiff filed an application for registration of plant variety protection (application) with respect to each of the instant plant varieties on January 10, 2012 by means of electronic submission, and the national seed resources were corrected ex officio from February 27, 2012 to January 10, 2012.

The National Seed Institute filed an application for plant variety protection for each Blue plant variety listed in the separate list (hereinafter referred to as “each plant variety of this case”) with the National Seed Institute, and filed an application on March 15, 2013.

B. The Defendant is operating the B B B B in the name of “C farm,” and is advertising each of the instant plant varieties as the instant plant variety and selling B in the name of “C farm.”

C. The plaintiff filed an application for a patent for each of the instant plant varieties in the United States and completed the registration. The filing date, the date of registration, the date of the first exclusive license contract, and the first distribution date for commercial purposes (the date of the first sale by one of the exclusive applicants of the plaintiff) are as follows:

The date of application for a plant variety is Belgium on December 7, 2007 on the commercial date of the first exclusive license agreement, the date of filing of the application for a plant variety, and on April 17, 2006 on April 18, 2006, Melela on November 18, 2005, on the date of filing of the first exclusive license agreement.

On April 8, 2015, each plant variety right of this case was established and registered as follows (hereinafter “each plant variety right of this case”).

On January 10, 2012, the term of a variety protection right holder leblblbld on the filing date of the application date of the variety protection right, from April 8, 2015 to April 7, 2040, the National Seed Board corrected ex officio from April 16, 2031 to April 7, 2040 as to the variety protection right of leblbld variety on May 14, 2015.

Plaintiff

The plaintiff from April 8, 2015 to April 7, 2040, the plaintiff and the United States of America (U.S.) on January 10, 2012

E. As to the instant case