WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DELCOMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPIN/I/JPNIP12 
11 July 1996 
(96-2711) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
The present document reproduces the text of the Seeds and Seedlings Lawl, as notified by Japan 
under Article 63.2 of the Agreement (see document IP/N/lIJPN/lIAdd.I). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Le present document contient le texte de la Loi sur les semences et plantsl, notifiee par le Japon 
au titre de l'article 63:2 de I'Accord (voir le document IP/N/lIJPN/lIAdd.I). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
NOTIFICACI6N DE LEYES Y REGLAMENTOS DE CONFORMIDAD 
CON EL pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
En el presente documento se reproduce el texto de la Ley de Semillas y Plantas de Semillerol, 
notificado por el Jap6n en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease 
el documento IP/N/lIJPN/lIAdd.I). 
lEnglish only/anglais seulement/ingles solamente. IP/N/lIJPNIP/2 
Page 2 
The Seeds and Seedlings Law 
Law No. 115 of October 2, 1947, as Last Amended by 
Law No. 91 of May 12, 1995 
CONTENTS 
Sect ion 
I Purpose 
1-2 Definitions 
2 Filing of information by seed and seed­
ling dealer 
3 Labelling of designated seeds and seed­
I i ngs 
4 Order relating to designated seeds and 
seedlings 
5 Standards relating to the production et~ 
of designated seeds and seedlings 
5-2 Collection of designated seeds and seed-
I ings 
6 Submission of reports, etc. 
6-2 Entrustment of competence 
1 Application for registration 
8 Variety bred by an employee as part of 
his duties 
9 Alteration of name of applicant 
ID Denomination of the variety the subject 
of an application, etc. 11 First-to-file rule 
12 Special provisions for foreigners 
12-2 Right of priority 
12-3 Examination of the variety the subjest 
12-4 
12-5 
12-6 
12-7 
12-8 
12-9 
12-10 of an application 
Registration of a variety 
Effect of registration of a variety 
Restriction on the denomination of a 
variety 
Transfer of the title of a person 
granted registration for a variety 
Arbitration decision 
Examination of a registered variety 
Nullity and forfeiture of registration 
of a variety 
12-11 Deletion of the registration of a vari-
ety, etc. 
12-12 Application and registration fees 
12-13 Effect of convention 
13 to 16 Penal provisions 
Section 1 
Purpose 
The purpose of this Law shall be to promote the rational distribution of seeds and seedlings and the breeding of 
plant varieties by providing for regulations relating to the labelling of designated seeds and seedlings and for a system 
relating to the registration of plant varieties for the protection of new plant varieties, so as to contribute to the 
development of agriculture, forestry and fisheries. 
Section 1-2 
Definitions 
{1) In this Law, "agricultural, forestry or aquatic plants" means plants designated by Cabinet Order that are cultivated 
fbr the production of agricultural, forestIy or aquatic products. 
{2) In this Law, "seeds and seedlings" mesns whole plants or parts of plants (meaning here and hereinafter individual IP/N/1/JPN/P/2 
Page 3 
agricultural, forestry or aquatic plants) used for reproduction or propagation, and "designated seeds and seedlings" 
means those seeds, spores, stems, roots, seedlings, saplings, scions, rootstocks or spawn (excluding the seeds and 
seedlings of forest trees) designated by the .Minister of Agriculture, Forestry and Fisheries (hereinafter referred to as 
"the Minister") as requiring certain information to be given by visible means at the time of sale in order to facilitate 
identification of quality. 
(3) In this Law, "seed and seedling dealer" means any person engaging in the sale of designated seeds and seedlings 
in the course of business. 
(4) In this Law, "purebred variety" means the group of all the plants which, whatever their generation, fulfill the 
requirements listed below; "hybrid variety" means the group of all the plants which are obtained by crossing a plant of 
one purebred variety with a plant of another purebred variety and fulfill the requirements listed below; and "variety" 
includes both purebred and hybrid varieties. 
( i) sufficient similarity of charactetistics pertaining to important features (hereinafter referred to as 
"charasteristics"); 
( li ) clear distinction from any other plant by one or more characteristics. 
(5) The Minister, having heard the views of the Agricultural Matetials Council, shall determine and publicly 
announce the important features referred to in paragraph ( i ) of the preceding subsection in regard to agricultural, 
forestty or aquatic plants in each of the classes specified by ordinance of the Ministry of Agticulture, Forestty and 
Fisheties (hereinafter referred to as "ordinance"). 
Section 2 
Filing of information by seed and seedling dealer 
(1) Seed and seedling dealers must file with the Minister the following information,' in the manner provided by 
ordinance: 
( i ) the name of the natural or legal person, and the address; 
( li ) the kind of designated seeds and seedlings handled; 
(ill ) the other information specified by ordinance. 
However, this provision shall not apply to those seed and seedling dealers specified by ordinance. 
(2) The preceding subsection shall apply mutatis mutandis where there has been any change in the information 
referred to in that subsection. 
(3) The information refen-ed to in the two preceding subsections must be filed, where trading has been newly 
commenced, within two weeks of its commencement, and, where there has been any change in the information 
referred to in subsection (1), within two weeks of such change. 
Section 3 
Labelling of designated seeds and seedlings 
(1) Designated seeds and seedlings shall not be sold unless the following information is given on the packaging, or a 
voucher giving the said information has been attached: 
( i ) the name and the address of the seed and seedling dealer giving the said information; 
( li ) the genus or species and variety (in the case of grafted saplings, the genus or species and variety of scion 
and rootstock); 
(iii ) the production district; 
(iv) with respect to seeds, the month and year of production or the time limit of validity, and the germination 
percentage; 
( v ) the quantity; IP/N/lIJPN/P/2 
Page~ 4 
( vi ) the other information specified by ordinance. 
However, this shall not apply where the information referred to in paragraphs ( i ) to (iv) inclusive and (vi) 
pertaining to designated seeds and seedlings is given by a notice or other readily visible means, or where a person 
other than a seed and seedling dealer makes the sale. 
(2) The information referred to in paragraph (ill) of the preceding subsection shall be given, in the case of 
production within Japan, by stating the name of the prefecture of which the said production district is part, and, in the 
case of production outside Japan, by stating the name of the country of which the said production district is part. 
(3) In addition to the two preceding subsections, as for the particular designated seeds and seedlings whose labelling 
is deemed necessary to identify the suitable land for growing, usage and any other characteristics relevant to growing 
or utilization when users choose seeds and seedlings of naturally and economically suitable variety, the Minister shall 
determine and publish the items of information to be given and any other standards relating to the labelling, which 
shall be adhered to by seed and seedling dealers. 
(4) The Minister may, when seed and seedling dealers fail to adhere to the standards determined in the preceeding 
paragragh, issue to those persons a warning to the effect that they should adhere to the standards. 
Section 4 
Other relating to designated seeds and seedlings 
(1) The Minister may order any seed and seedling dealer who has contravened subsection (1) or (2) of the preceding 
Section to give the information referred to in each paragraph in subsection (1) of that Section or to alter the 
information given, or may prohibit the sale of the designated seeds and seedlings the subject of the contravention. 
(2) The Minister may, when seed and seedling dealers fail to comply with a warning issued under subsection (4) of 
the preseding Section, order those persons to adhere to the standards under subsection (3) of the preceding Section, 
designating a time limit 
Section 5 
Standards relating to the production etc. 
of designated seeds and seedlings 
(1) The Minister may, when it is deemed particularly necessary to secure the distribution of designated seeds and 
seedlings of good quality, determine and publish standards relating to the production, preparation, storage, or 
packaging of the said designated seeds and seedlings, that shall be adhered to by seed and seedling dealers and 
persons engaged in the production of the said seeds and seedlings in the course of business. 
(2) The Minister may, when seed and seedling dealers or persons engaged in the production of designated seeds snd 
seedlings in the course of business fail to adhere to the standards, issue to those persons a warning to the effect that 
they should adhere to the standards. 
(3) The Minister may, when a seed and seedling dealer or a person engaged in the production of designated seeds 
and seedlings in the course of business fails to comply with a warning issued under the preceding subsection, publish 
that fact 
Section 5-2 
Collection of designated seeds and seedlings 
(1) The Minister may cause his officers to collect from seed and seedling dealers such quantities of designated seeds 
and seedlings as are necessary for the conduct of tests. However, compensation equivalent to the market price shall be paid thereof. IP/N/lIJPN/P/2 
Page 5 
(2) In the case spedfied in the preceding subsection, such officers shall, if a seed and seedling dealer so requests, 
show an identification can!. 
Section 6 
Submission of reports, etc. 
The Minister may, within such limits as are necessary for the enforcement of this Law, order seed and seedling 
dealers to submit such reports relating to the conduct of their business as are necessary or to submit ledgers and 
other documents. 
Section 6-2 
Entrustment of competence 
A part of the Minister's competence under subsection (4) of the Section 3, Section 4, subsections (2) and (3) of 
the Section 5, Section 5-2 and the preceding Section may be entrusted to the prefectural Govelllors in the manner 
provided by Cabinet Order. 
Section 7 
Application for registration 
(1) A person who has bred a variety (meaning here and hereinafter the fixation or detellnining of characteristics 
pertaining to artificial or natural variation), or his successor in title, may file an application for registration of the said 
variety. Where the number of persons who have bred the vatiety or any successors in title are two or more in total, 
these persons shall file an application jointly. 
(2) With respect to filing an application under the preceding subsection, an application from and a descliption giving 
the information specified by ordinance, and the whole or a part of a plant of the variety for which application is made 
(hereinafter refen"ed to as the "variety the subject of an application") 01" its photograph shall be fUlllished to the 
Minister, in the manner provided by ordinance. 
Section 8 
Variety bred by an employee as part of his duties 
(1) With respect to a vatiety bred by an employee, an executive officer of a legal person, or a national or local public 
officer (hereinafter referred to as the "employee etc."), any contractual provision, service regulation or other 
stipUlation providing in advance the right of the employer, legal person, or national or local govelllment (hereinafter 
referred to as the "employer etc."), to file an application under subsection (1) of the preceding Section; or, where the 
employer etc. has been granted registration of the variety under Section 12-4(1), the obligation of the employee etc. 
to transfer that title to the employer etc. shall be null and void. However, this shall not apply where the breeding of 
the variety by reason of its nature falls within the scope of the business of the employer etc. and, moreover, the acts 
resulting in the breeding of the variety fall within the duties of the employee etc. (hereinafter referred to as a "variety 
bred by an emproyee as part of his duties")" 
(2) An employee etc. may claim the employer etc. payment of compensation to be determined taking into 
consideration the profit receivable by the employer etc. from a variety bred by an employee as part of his duties and IP/NI1 IJPNIP12 
Page 6 
the extent to which the employer etc. contnbuted to the breeding of that variety, where, in accordance with a 
contract, service regulation or other stipulation, either the employer etc. files an application under subsection (1) of 
the preceding Section with respect to a variety bred by an employee as part of his duties or the title is transferred 
to the employer etc. where the employee etc. has been granted registration for the variety under Section 12-4(1). 
Section 9 
Alteration of nanle of applicant 
(1) The name of an applicant may not be altered except in the case of inheritance or other general succession. 
(2) Where the name of an applicant has been altered as a result of inheritance or other general succession, the 
successor in title shall, without delay, notify the Minister to that effect, in the manner provided by ordiance. 
Section 10 
Denomination of the variety the subject of an application, etc. 
(1) Registration relating to a variety (hereinafter refened to as "registration of a valiety") may not be granted where 
the denomination of the variety the subject of an application falls under any of the following cases: 
( i ) where there is no denomination or more than one denomination for the variety the subject of an application; 
( li) where the denomination is identical with or similar to a registered trademark pertaining to seeds and 
seedlings of the variety the subject of an application, or a registered trademark pertaining to goods similar to the said 
seeds and seedlings; 
(ill) where the denomination is identical with or similal' to a registered trademark pertaining to service relevant 
to seeds and seedlings or to goods similar to the said seeds and seedlings the subject of an application. 
( iv) where it is possible that the denomination may mislead with regard to the variety the subject of an 
application, or cause confusion in respect of its identification (this paragraph does not apply where paragraph ( li )is 
applicable). 
(2) Registration of a variety may not be granted where the whole or a part of a plant of the valiety the subject of an 
application has been transferred in the course of business within Japan before the date of application under Section 
7(1), or outside Japan for longer than four years before the date of such application (or for longer than sLx years in the 
case of a variety belonging to a genus or species of agricultural, forestry or aquatic plant specified by ordinance as a 
perennial plant). However, this shall not apply where such transfer has been made for the pUlpose for experiment or 
l'esearch, or where such transfer has been made against the will of the person who bred the valiety (or where that 
person has been succeeded, that person and his successor in title), 
Section 11 
First-to-file rule 
With respect to identical varieties, only the first applicant may be granted registration of the variety. 
Section 12 
Special provisions for foreigners 
A foreigner who is not resident (or, in the case of a legal person, does not have its registered office) in Japan shall not be granted registration for a variety, except in one of the following cases: IP/N/1/JPN/P/2 
Page 7 
( i ) where his country provides Japanese nationals with the protection of varieties under the same conditions as 
its own nationals (including a country which provides such protection for Japanese nationals on condition that Japan 
provides registration of a variety for the nationals of that country) and moreover makes available protection regarding 
the variety the subject of an application. 
( ii ) where the country in which he is registered (or, in the case of a legal person, has its registered office) is one 
of the member States of the Union under the International Convention for the Protection of New Varieties of Plants of 
December 2, 1961, as revised at Geneva on November 10, 1972 and on October 23, 1978 (including countries in 
relations with which Japan is to apply that Convention in accordance with Article 34(2) of that Convention) 
(hereinafter referred to as to as "member States of the Union") and moreover makes available protection regarding the 
variety the subject of an application. (This paragraph does not apply where the preceding paragraph is applicable.) 
Section 12-2 
Right of priority 
(1) A person referred to in the following paragraphs in the cases referred to in the said paragraphs may, at the time 
of filling an application, claim a right of priority in the manner provided by ordinance: 
( i ) a person who has filed an application equivalent to that provided for in Section 7(1) in one of the member 
States of the Union (hereinafter referred to as "application in a member State of the Union") or his successor in title 
(the person or his successor in title having to be a Japanese national or a national of one of the member States of the 
Union or a person who is resident (or, in the case of a legal person, has its registered office) in Japan or one of the 
member States of the Union) --where the application provided for in Section 7(1) is filed for the variety the subject 
of an application in a member State of the Union within one year from the day after the day of the filing of the first 
application in a member State' of the Union (hereinafter referred to as "application day in a member State of the 
Union"); 
( ti ) a person who has filed an application equivalent to that provided for in Section 7(1) in one of the counoies 
defined in paragraph ( i ) of Section 12 (excluding the member States of the Union), which allows a Japanese nationals 
to claim the right of pliority on the same conditions as Japan does (hereinafter referred to as the "designated 
countries") or his successor in title (the person or his successor in title having to be a Japanese national or a national 
of one of the designated counoies) - -where the application provided for in Section 7(1) is flled for the variety the 
subject of an application in a designated country within one year from the day after the day of the filing of the first 
application in a designated country (in the case of a national of a designated country, the application in that designated 
country) (hereinafter referred to as "application day in a designated country). 
(2) Where the applicant claims the right of priority in accordance with the previous subsection, any application for 
registration, publication, transfer or other act in respect of a variety identical with the variety the subject of an 
application, made or done between the application day in a member State of the Union or the application day in a 
designated country and the day when the application provided for in Section 7(1) is filed, does not prevent the 
registration of the variety the subject of the said application. 
Section 12-3 
Examination of the variety the subject of application 
(1) The Minister may require the applicant to furnish such materials as are necessary for the purpose of examining 
the variety the subject of an application. 
(2) The Minister shall, in examining the variety the subject of an application, cause his officers to conduct on-site 
inspections or growing tests. However, this shall not apply where it is deemed unnecessary for the purpose of IP/N/lIJPN/P/2 
Page. 8 
examining the variety the subject of an application. 
(3) The Minister may entrust related governmental organizations, educational establishments or other persons 
deemed appropriate, with conducting on-site inspections or growing tests under the preceding subsection. 
Section 12-4 
Registration of a variety 
(1) The Minister shall register a vaJ.iety when he is satisfied that the application under Section 7(1)fulfills all the 
conditions laid down in this Law and the regulations based thereon. 
(2) The effective peliod of registration of a variety shall fifteen years (eighteen yeaJ."S in the case of the varieties 
refelTed to in Section 10(2». 
(3) A variety shall be registered by entering in the Register of Plant VaJ.ieties the denomination of the variety, the 
characteristics of the plant, the effective period of registration, the name and the address of the person granted 
registration of the variety, and other information specified by ordinance. 
(4) The Minister shall, when he has registered a vaJ.iety according to subsection (1), publicly announce the 
infonnation specified by ordinance. 
Section 12-5 
Effect of registration of a variety 
(1) With respect to the whole or a part of any plant of a variety that has been granted registration (hereinafter 
refen-ed to as a "registered variety"), no pel"Son other than the person granted registration for the said registered 
variety (hereinafter refelTed to as the "person granted registration for the vaIiety") may perlorm in the course of 
business any of the acts listed as follows: 
( i ) acts of taransfelTing for a consideration, making an offer to transfer for a consideration, or producing or 
importing for the purpose of transfelTing for a consideration, as seeds and seedlings, the whole or a part of any plant 
of the registered vaJ.iety; 
( ii ) where the registered variety belongs to a genus or species that is specified by ordinance as being a genus or 
species of agricultural, forestry or aquatic plant which propagates extremely readily even when a part of the plant not 
commonly regaJ.ued as being a seed or seedling is used - -acts of transferring for a consideration, the whole or a 
part of any plant obtained by propagating from such a paJ.i of the plant (excluding acts refelTed to in the preceding 
paragragh) ; 
( ill ) where the registered vaIiety is a purebred variety - -acts of transfening for a consideration, making an 
offer to transfer for a consideration, or producing or importing for the porpose of transferring for a consideration, as 
seeds and seedlings, any seeds or spores obtained by crossing a plant of the registered variety with a plant of another 
purebred variety. 
(2) Notwithstanding the preceding subsection, a person referred to in the following paJ.a.graphs may perloml in the 
course of business the acts specified in the relevant paragraph: 
( i ) a person who has been authorized by the person granted registration for the variety to perform the acts 
specified in each paragraph of the preceding subsection - -acts refelTed to in each paragraph of the said subsection, 
according to the scope of the authorization (where, after the authorization, there has been a transfer of the title of the 
person granted registration for the variety, except in the case of transfer by inheritance or other general succession, 
the said authorization shall keep its effect only if it is registered in the Register of Plant Varieties, in the manner 
provided by ordinance); 
( ii ) a pex:son who has bred a variety identical with the registered variety before the said registered variety was 
bred - -acts referred to in each paragraph of the preceding subsection; IP/N/lIJPN/P/2 
Page 9 
(iii) a person who has been granted registration for a purebred variety to which a plant crossed to obtain a plant 
of a hybrid variety belongs (hereinafter referred to as a "parent variety") - -acts referred to in paragraph ( i ) of the 
preceding subsection in respect of the whole or a part of a plant of the said hybrid variety that has been granted 
registration; 
( iv) a person who has been granted registration of a hybrid variety prior to registration of a parent variety -­
acts referred to in paragraph (ill) of the preceding subsection pertaining to the said hybrid variety, performed in 
respect of plant of the said parent variety that has been granted registration; 
(v ) a person who has a patent right on the method of breeding a registered variety, or a person who has an 
exclusive license or a non-exclusive license with respect to that patent, and who produces the whole or a part of the 
plant by the method coming under the said patent --acts referred to in each paragraph of the preceding subsection, 
performed in respect of the whole or a part of the said plant; 
( vi) a person who, after the expiry of the patent light referred to in the preceding paragraph, produces the whole 
or a part of a plant by the method coming under the patent in the said paragraph --acts referred to in each 
paragraph of the preceding subsection, performed in respect of the whole or a part of the said plant; 
(vi) the employer etc., or his general successor, where the employee etc. of that employer etc.,or his successor in 
title, has been granted registration for a variety bred by employees- -acts referred to in each of the preceding 
paragraphs, performed in respect of the whole or a part of a plant of the said variety bred by employees; 
( vi ) a person who has received, as seeds and seedlings, the whole or a part of the plant listed as follows: 
(a) the whole or a part of a plant that the person granted registration for the vatiety has transferred for a 
consideration in the course of business; 
(b) the whole or a part of a plant transferred for a consideration, as specified in an arbitration decision, by a 
person obtaining an arbitration decision under Section 12-8(6); 
(c) the whole or a part of a plant transfen-ed by acts specified in each of the relevant preceding pat-agraphs, 
performed in the course of business by persons refelTed to in each of those preceding pat-agraphs; 
--transfer for a consideration or making an offer to transfer for a consideration, as seeds and seedlings, the whole 
or a part of the said plant received without increasing the number thereof. 
(3) A person granted registration for a variety may require a person who performs, in respect of the whole or a patt 
of a plant of the registered variety, any of the acts listed in each pat-agt-aph of subsection (1) in contravention of that 
subsection to cease and desist that act. This shall not, however, prevent the claiming of damages. 
Section 12-6 
Res triction on the denoIuination of a variety 
(1) Where seeds and seedlings of a registered variety at-e sold in the course of business, no denomination other than 
that of the said registered vatiety shall be used_ 
(2) Where seeds and seedlings of a variety other than the registered variety, belonging to the genus or species of 
agticultural, forestry or aquatic plant to which the said registered variety belongs, or to a genus or species of 
agticultural, forestty or aquatic plant specified by ordinance as similar to that genus or species, are sold in the cow-se 
of business, the denomination of the said registered variety shall not be used_ 
Section 12-7 
Transfer of the title of a person 
granted registration for a variety 
(1) The title of a person granted registration for a variety may be transferred by reason of inheritance or other 
cause. IP/NI1 IJPN/P/2 
Page 10 
(2) Transfer of the title of a person granted registration for a variety shall not take effect without registration in the 
Register of Plant Varieties, except in the case of transfer by inheritance or other general succession. 
(3) Section 9(2) shall apply mutatis mutandis to the transfer by inheritance or other general succession of the title of 
~ person granted registration for a variety. 
Section 12-8 
Arbitration decision 
(1) Where an act in respect of the whole or a part of a plant of a registered variety referred to in paragraph ( i ) 01-
( iii ) of Section 12-5(1) has not been performed adequately and continuously during a period of two years or more, or 
where it is particularly necessary in the public interest that the said act be petionned, a person who intends to 
perform the said act in the course of business in l-espect of the whole or a part of a plant of the said registered variety 
may seek to hold consultations with the person granted registration for the said variety regarding authorization for 
perlonning the said act. 
(2) If no agreement is reached or no consultation is possible under the preceding subsection, the person referred to 
in the said subsection may request an arbitration decision from the Minister-
(3) The Nlinister shall, where a request has been made under the preceding subsection, notify to that effect in 
Wliting the person granted registration for the v31iety the subject of the said request and give him an opportunity to 
state his opinion, designating a reasonable time limit 
(4) The Minister may not rule that authorization be granted for pelionning the said act where there is good reason 
for the failure to petionll that act adequately, except where it is particularly necessary in the public interest that the 
acts referred to in paragraph ( i ) or (iii ) of Section 12-5(1) be perlormed in respect of the whole or a part of a plant 
of a registered v31;ety. 
(5) The Minister shall hear the views of the Agricultural Matelials Council where he intends to make a decision 
under subsection (2). 
(6) In an 3l-bitration decision that authorization be granted in respect of the acts refelTed to in paragraph ( i ) or ( ill ) 
of Section 12-5(1), the scope of the acts that may be perlormed by the person requesting the decision under 
subsection (2), the consideration for the authorization and the method of payment thereof shall be determined. 
(7) Where a decision has been made under subsection (2), the Minister shall notify the parties concerned to that 
effect 
(8) Where the arbitration decision as provided in subsection (6) has been notified under the preceding subsection, it 
shall be deemed that an agreement in the terms of the said 3l-bitration decision has been reached between the parties 
concemed. 
Section 12-9 
Examination of a registered variety 
(1) The Minister may, where it is deemed necessary to examine whether the characteristics of a plant of a 
registered variety are being maintained or not, require the person granted registration for the variety to furnish the 
whole or a part of a plant of the registered variety, and other materials. 
(2) The Minister shall, in the case provided in the preceding subsection, cause his officers to conduct on-site 
inspections or growing tests. 
Section 12-10 
Nullity and forfeiture of registration of a variety IP/N/lIJPN/P/2 
Page 11 
(1) The Minister shall cancel the registration of a variety in the case listed as follows: 
( i ) where it has been. found that the characteristics of the plant of the registered variety have become different 
from the characteristics of the plant at the time of its registration; 
( li ) where the person granted registration for the variety fails to pay the registration fee for each year within the 
period specified in Section 12-12(4) or (5). 
(2) The Minister may cancel the registration of a variety in the case listed as follows: 
( i ) where it has been found that the application under Section 7(1) did not fulfill the conditions laid down in this 
Law or the regulations based thereon; 
( li ) where the person granted registration for a variety fails, without good reason, to furnish the materials 
required under subsection (1) of the preceding Section, or where he refuses on-site inspection under subsection (2) 
of the said Section. 
(3) The Minister shall, where he has cancelled the registration of a vatiety under the two preceding subsections, 
notify the person granted such regisb:ation for the variety and publicly announce that fact. 
(4) The provisions of Chapter 3 (except Section 12 and Section 14) of the Administrative Proceeding Law (Law No. 
88 of 1993) shall not apply to cancellation of the registration of a variety under paragraph ( ii ) of subsectin (1). 
Section 12-11 
Deletion of the registration of a variety, etc 
(1) The Minister shall delete the registration of a vatiety from the Register of Plant Varieties in the cases listed as 
follows: 
( i ) where the effective period of registration in Section 12-4(2) has expired; 
( ii ) where the registration of the variety has been cancelled under subsection (1) or (2) of the preceding Section; 
( ill ) where the person granted registration for the vatiety has ceased to exist. 
(2) In addition to the provisions of this Law, necessary matters pertaining to the registration of varieties and the 
Register of Plant Varieties shall be provided for by ordinance. 
Section 12-12 
Application and registration fees 
(1) An applicant for registration of a variety must pay an application fee specified by ordinance and not exceeding 
35,000 yen for each application. 
(2) A person granted registration fora variety must pay a registration fee specified by ordinance and not exceeding 
56,000 yen for each variety registered, each year for fifteen years, or eighteen years as specified in Section 12-4(2). 
(3) The two preceding subsections do not apply where it is the State that would be required to pay application or 
registration fees. 
(4) The registration fee for the first year under subsection (2) must be paid within thirty days from the date of public 
announcement under Section 12-4(4). 
(5) The registration fee for the second year and each subsequent year under subsection (2) must be paid during the 
preceding year or prior thereto. 
Section 12-13 
Effect of convention 
Where there are specific provisions relating to the protection of new plant varieties in a convention, such IP/NI1 IJPN/P/2 
Page_12 
provisions shall prevail. 
Section 13 
Penal provisions 
(1) Any person coming under any of the following paragraghs shall be liable to imprisonment with labor not 
exceeding one year or to a fine not exceeding 300,000 yen: 
( i ) a person who has obtained registration of a variety by means of a fraudulent act; 
( li ) a person who transferred for a consideration the whole or a part of a plant of a registered variety as seeds 
and seedlings in contravention of Section 12-5(1). 
(2) Prosecution of offenses committed under paragraph (ti) of the preceding subsection shall be initiated upon 
complaint 
Section 13-2 
Any person coming under any of the following paragraphs shall be liable to a fine not exceeding 200,000 yen: 
( i ) a person who has sold designated seeds and seedlings that have been falsely labelled as to the information 
required under Section 3; 
( li ) a person who has sold designated seeds and seedlings in contravention of an order or prohibition made under 
Section 4. 
Section 14 
Any person coming Wlder any of the following paragraphs shall be liable to a fine not exceeding 100,000 yen: 
( i ) a person who failed to register under Section 2 or who made a false registration; 
( ii ) a person who, without good reason, has refused, obstructed or evaded collection under Section 5-2(1); 
(ill) a person who fails to submit a report or documents under Section 6, or who submits a false repolt or false 
documents. 
Section 15 
Where an officer representing a legal person or a representative, employee or any other servant of a legal or a 
natural person, has committed an act in contravention of Section 13(1), Section 13-2, or paragraph ( i ) or (ill ) of the 
preceding Section, with regard to the business of that legal or natural person, not only shall the offender be punished 
but that legal or natural person shall also be fined as prescnbed in any of those sections. 
Section 16 
Any" person who has contravened Section 12-6 shall be liable to an administrative penalty not exceeding 
100,000 yen.