Overview of plant protection laws in Japan

The International Convention for the Protection of New Varieties of Plants was adopted in the year 1961 in Paris and it led to the establishment of The International Union for the Protection of New Varieties of Plants (hereinafter referred to as UPOV). Japan enacted The Plant Variety Protection and Seed Act in the year 1978 (hereinafter referred to as PVPSA) and became a member of UPOV on 3 September, 1982. As a result, PVPSA was revised in the year 1998 in accordance with the UPOV Convention. The first plant variety that was registered under PVPSA was Miyazaki-ootsubu.

PURPOSE OF PVPSA

The purpose of this Act is to promote plant breeding and the rationalisation of the distribution of the propagating material by instituting a registration system to protect new plant varieties and instituting regulations for labelling designated propagating material, in order to contribute to the development of the agriculture, forestry, and fisheries industries. These laws were enacted to register new varieties of plants and thereby protect them. They aim to promote the propagation and distribution of seeds and seedlings of the protected plant varieties so as to safeguard the rights of plant breeders by conferring certain exclusive rights on them. These laws also strive to prevent unauthorized use and propagation. Since, plant breeders are vested with the exclusive right of recovery of expenses incurred with respect to breeding the new variety, they feel motivated to breed more plant varieties.

CONDITIONS

Article 3: This article lays down the conditions which must be met in order to get a variety registered under this Act

  • Clearly Distinguishable
  • If the characteristics of the variety at the propagation match with the full description of its characteristics
  • If the characteristics of the variety remain unchanged even after repeated propagation

APPLICATION

Article 5: According to this article, if a person wants to obtain registration for their plant variety, then they have a submit an application form either individually or if there are multiple breeders then jointly to the Minister of Agriculture, Forestry and Fisheries containing:

  • Name and residence of the applicant
  • Genus or specie of the plant variety
  • Denomination of the applied-for variety
  • Expression of the characteristics of the applied-for variety
  • Name and residence of the breeder who has bred the applied-for variety
  • Such other information as prescribed by the order of the Ministry of Agriculture, Forestry and Fisheries

PUBLICATION OF APPLICATION

ARTICLE 13: This article states that the Minister of Agriculture, Forestry and Fisheries shall publish any application that they have received for variety registration by issuing a public notice stating the application number, filing date, applicant's name, applicant's residence, genus or species, denomination of the applied-for variety, date of publication of application etc. In case the application is rejected by the Minister of Agriculture, Forestry and Fisheries, a public notice of the same has to be issued by them.

EXAMINATION OF THE APPLIED-FOR VARIETY

ARTICLE 13: The Minister of Agriculture, Forestry and Fisheries can order the applicant to furnish a part or whole of the applied-for variety and additional materials that are necessary for conducting the examination. In case it is deemed necessary, the Minister can conduct on-site inspections or growing tests.

INFRINGEMENT OF RIGHTS OF PLANT BREEDERS

The amendment to the PVPSA added a 'presumption provision' that allows the presumption of infringement after comparing the characteristics of the seeds or seedlings of the allegedly infringing variety with the variety description of the protected plant variety.

REJECTION OF THE APPLICATION

ARTICLE 17: The Minister of Agriculture, Forestry and Fisheries can reject the application if it doesn't conform to certain provisions of this Law. Furthermore, if the applicant does not adhere to the order of the Minister seeking a part or whole of the applied-for variety or any other additional materials or does not allow on-site inspections to take place.

REGISTRATION OF THE APPLICATION

ARTICLE 18: The Minister of Agriculture, Forestry and Fisheries shall register the variety unless it is rejected by them and duly inform the applicant about such registration. At the same time, a public notice has to be issued in the same regard. The Minister shall also enter certain information in Registry of Varieties such as the registration number, date of variety registration, genus or species of the variety, denomination of the variety, duration of breeder's rights, name of the applicant, residence of the applicant etc. After successfully entering the aforementioned data, the variety registration is completed.

RIGHTS OF BREEDERS

ARTICLE 20: Breeders are vested with the exclusive right of exploiting the registered variety.

DURATION OF BREEDER'S RIGHTS

ARTICLE 19: This article states that the rights of breeders become effective from the date of variety registration and exist for a duration of twenty-five years from the date of variety registration or in certain cases up to thirty years from the date of variety registration.

CONCLUSION

The provisions of PVPSA provide a method for registering plant varieties and protecting novel plant types. Applications are to be submitted to the Ministry of Agriculture, Forestry, and Fisheries which shall register the varieties unless they are rejected. A breeder's right is granted valid for 20 years from the date of registration.

META DESCRIPTION

This article will provide an outline of The Plant Variety Protection and Seed Act. On September 3, 1982, Japan became a member of The International Union for the Protection of New Varieties of Plants, which was established by The International Convention for the Protection of New Varieties of Plants, 1961 (hence referred to as the UPOV Convention). Japan enacted The Plant Variety Protection and Seed Act in the year 1978 and revised it in 1998 in compliance with the said convention.

KEY WORDS

Plant breeders, farmers, patent, Plant Variety Protection and Seed Act, The International Union for the Protection of New Varieties of Plants, UPOV, The International Convention for the Protection of New Varieties of Plants

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.