WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/JPN/P/7 
18 March 2008 
 (08-1221) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
 
JAPAN 
  The present document reproduces the updated text
1 of the Seeds and Seedlings Law (Law 
No. 83 of 29 May 1998, as last amended by Law Nº 59 of 17 June 2005 (which entered into force 
on 1 December 2005)), as notified by Japan under Article 63.2 of the Agreement (see document 
IP/N/1/JPN/7). __________________________________________________________________________________  
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
JAPON 
  Le présent document contient le texte actualisé
1 de la Loi sur les semences et plants 
(Loi n° 83 du 29 mai 1998, modifiée en dernier lieu par la Loi n° 59 du 17 juin 2005 (entrée en vigueur le 1
er décembre 2005)), qui a été notifiée par le Japon au titre de l'article 63:2 de l'Accord 
(voir le document IP/N/1/JPN/7). 
__________________________________________________________________________________ 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
JAPÓN 
 
 En el presente documento se reproduce el texto actualizado1 de la Ley de Semillas y Plantas 
de Semillero (Ley Nº 83, de 29 de mayo de 1998,  modificada la última vez por la Ley Nº 59, 
de 17 de junio de 2005 (que entró en vigor el 1º de  diciembre de 2005)), que el Japón ha notificado en 
virtud del párrafo 2 del artículo 63 del Acue rdo (véase el documento IP/N/1/JPN/7). 
                                                      
 1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le 
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas 
pueden consultar en la Secretaría de la OMC el texto en su idioma original. IP/N/1/JPN/P/7 
Page 2  
 
  
The Seeds and Seedlings Act 
(Act No. 83 of May 29, 1998) Last Amendment by Act No.59 of June 17, 2005 
[ENTRY INTO FORCE: December 1, 2005]  
The Seeds and Seedlings Act (Act No. 105 of 1947) is entirely revised. 
 
Chapter 1.   General Provisions (Articles 1 to 2)   
Chapter 2.   Variety Registration System  
    Section 1.      Variety Registration and App lication for Variety Registration (Articles 3 to 12)  
    Section 2.      Publication of Application (Articles 13 to 14)  
 
   Section 3.      Examination (Articles 15 to 18)      Section 4.      Breeder's Right (Articles 19 to 32)      Section 5.      Infringement (Articles 33 to 37)  
  
  Section 6.      Maintenance and Cancella tion of Variety Registration (Articles 38 to 42) 
    Section 7.      Miscellaneous Provisions (Articles 43 to 48)   
Chapter 3.  Designated Seeds and Seedlings (Articles 49 to 55) 
 Chapter 4.  Penal Provisions (Articles 56 to 62)   Supplementary Provisions (Extract)  
 
  
Chapter 1.  General Provisions 
 
(Purpose) 
 
Article 1.  
 
 The purpose of this Act is to promote the breeding of plant varieties and the rational distribution of seeds and seedlings by providing for a system relating to the registration of plant varieties for the 
protection of new plant varieties and regulations  relating to the labelli ng of designated seeds and 
seedlings, so as to contribute to the developm ent of agriculture, forestry and fisheries. 
 
(Definitions, etc.) 
 
Article 2. 
 
(1)  The term "agricultural, forestry and aquatic pl ants" as used in this Act shall mean spermatophyte, 
pteridophyte, bryophyte and multicellular algae and other plants designated by the Cabinet Order, 
which are cultivated for the production of agricult ural, forestry and aquatic products, and a "plant" 
shall mean an individual of agricultu ral, forestry and aquatic plants.  IP/N/1/JPN/P/7 
 Page 3 
 
 
 (2)  The term "variety" as used in this Act sha ll mean a plant grouping which can be distinguished 
from any other plant grouping by all or parts of th e important characteristics of the plant grouping 
(hereinafter referred to as "characteristics") a nd which can be propagated while maintaining its 
characteristics without change. 
 
(3)  The term "seeds and seedlings" as used in this Ac t shall mean entire plants or parts of plants used 
for propagation.  (4) The term "processed products" as used in this Ac t shall mean the products made directly from the 
harvested material obtained from the seeds and see dlings and which are designated by the Cabinet 
Order.  (5)  The term "exploitation" in relation to a variety as used in this Act shall mean the following acts: 
 
(i) production, conditioning, offering for transfer, transferring, exporting, importing or stocking for 
the purpose of these acts, of seeds and seedlings of the variety; and  (ii) production, offering for transfer or lease, tran sferring, leasing, exporting, importing or stocking for 
the purpose of these acts, of the harvested material  obtained through using seeds and seedlings of the 
variety (limited to cases where the holder of the br eeder's right or the holder of the exclusive 
exploitation right has not had reasonable opportunity to  exercise his/her right for the acts mentioned in 
the preceding item).  (iii) production, offering for transfer or lease, transferring, leasing, exporting, importing or stocking 
for the purpose of these acts, of the processed pr oducts of the variety (limited to cases where the 
holder of the breeder's right or the holder of the exclusive exploitation right has not had reasonable 
opportunity to exercise his/her right for the acts mentioned in the preceding two items).  (6)  The term "designated seeds and seedlings" as u sed in this Act shall mean seeds and seedlings 
(excluding those of forest trees) which are designate d by the Minister for Agriculture, Forestry and 
Fisheries, and appear in the form of seeds, spores,  stems, roots, seedlings, saplings, scions, rootstocks, 
spawn or other parts of plants designated by th e Cabinet Order as requiring certain matter to be 
labeled at the time of their sale, in order to facilita te identification of the quality, and the term "seed 
and seedling dealer" as used in this Act shall mean  any person engaged in the sale of designated seeds 
and seedlings in the course of trade.  
(7)  The Minister for Agriculture, Forestry and Fish eries, shall, after having heard the opinions of the 
Agricultural Materials Council, dete rmine and publicly notice the important characteristics referred to 
in paragraph (2) of this Article for each of the cl asses, specified by the Ordinance of the Ministry of 
Agriculture, Forestry and Fisheries, of  agricultural, forestry or aquatic plants. 
 
Chapter 2.  Variety Registration System 
 
Section 1.  Variety Registration and Application for Variety Registration 
 
(Condition for Variety Registration) 
Article 3. 
 
(1)  Any person who has bred (meaning the fixation or determination of characteristics resulting from 
artificial or natural variation; the same meaning shall apply hereinafter) a variety fully meeting the 
requirements set forth below or his/her successor in  title (hereinafter referred to as "breeder") may 
have a registration for the variety (hereinaft er referred to as "variety registration"). 
 IP/N/1/JPN/P/7 
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(i) the variety is clearly distinguishable, in all or parts of the characteristics,  from any other variety 
which has been publicly known in Japan or foreign states before the filing of the application for 
variety registration.  (ii) all of the plants of the variety at the same propagation stage are sufficiently similar in all of the 
characteristics. 
 (iii) all of the characteristics remain  unchanged after repeated propagation. 
 (2)  When the filing of an application for variety re gistration or an equivalent application in a foreign 
state leads to the granting of the breeder's right, th e variety shall be deemed to have been publicly 
known at the time of the filing of the application.  
Article 4. 
 (1)  A variety may not be registered, when the denomination of the variety pertaining to the 
application for variety registration (hereinafter refe rred to as "applied variety") falls under any of the 
following items:  (i) when there is more than one denomination for the variety;  
(ii) when the denomination is identical or similar to  a registered trademark pertaining to the seeds and 
seedlings of the variety or a registered trademark pertaining to goods similar to the said seeds and seedlings;  (iii) when the denomination is identical or simila r to a registered trademark pertaining to services 
relating to the seeds and seedlings of the variety or goods similar to the said seeds and seedlings; or 
 (iv) when it is likely to cause misidentification of the variety or confusion in respect of its 
identification (excluding the cases set forth in the preceding two items).  (2)  A variety may not be registered when the seeds and seedlings or harvested material of the variety 
have been transferred in the course of trade, in  Japan earlier than one y ear before the date of 
application for variety registration, or in a foreign st ate earlier than four years before the date of such 
an application for variety registration (or earlier than six years in the case of the variety belonging to a 
genus or species of agricultural, forestry or aquatic plant specified by the Ordinance of the Ministry of 
Agriculture, Forestry and Fisheries as a perennial pl ant).  However, this sh all not apply when such 
transfer was made for the purpose of experiment or research, or when such transfer was made against 
the will of the breeder.  
(Application for Variety Registration) 
 
Article 5. 
 
(1)  A person desiring a variety registration shall su bmit an application to the Minister for Agriculture, 
Forestry and Fisheries, pursuant to the provisions of the Ordinance of the Ministry of Agriculture, 
Forestry and Fisheries, stating the following matters:  
(i) the name and the domicile or residence of  the applicant for the variety registration; 
 (ii) the genus or species of the agricultural, forest ry or aquatic plant to which the applied variety 
belongs;  
(iii) the denomination of the applied variety;  IP/N/1/JPN/P/7 
 Page 5 
 
 
 (iv) the name and the domicile or residence of the person who has bred the applied variety; and 
 (v) matters prescribed by the Ordinance of the Mini stry of Agriculture, Forestry and Fisheries in 
addition to what is listed in the preceding items. 
 
(2)  The application set forth in paragraph (1) of th is Article shall be attached by a written explanation 
giving the matters specified by the Ordinance of th e Ministry of Agriculture, Forestry and Fisheries 
and photographs of the plant of the applied variety, pursuant to the provisions of the Ordinance of the 
Ministry of Agriculture, Forestry and Fisheries. 
 
(3)  When two or more persons have bred the variety jointly, they shall file an application for variety 
registration jointly.  
(Application Fee) 
 
Article 6. 
 
(1)  The applicant shall pay an application fee for hi s/her application specified by the Ordinance of the 
Ministry of Agriculture, Forestry and Fisheries but not exceeding 47,200 Yen.  
(2)  The provision set forth in the preceding paragra ph shall not be applied when the applicant is the 
national government, including Independent Admi nistrative Institution designated by the Act on 
General Rules of Independent Administrative Institu tion (Act No.103 of 1999) Article 2 paragraph (1) 
that are designated by the Cabinet Order to deal with variety breeding activities; this proviso shall 
apply to the paragraph (3) of this Article, Ar ticle 38 paragraphs (2) and (3), and Article 47 
paragraph (2).) 
 (3)  Notwithstanding the provision of paragraph (1) of this Article, when the national government and 
another person jointly apply for variety registration and they have an agreement on the sharing of the 
breeder's right to be granted by variety registrati on, such other person shall pay an amount calculated 
by multiplying the amount of the application fee se t forth in paragraph (1) of this Article by the 
percentage of the share of such other person. 
 (4)  When there is a fraction less than 10 Yen in  the amount of the application fee as calculated 
pursuant to the provision of para graph (3) of this Article, such a fraction shall be discarded. 
 
(Transfer of the Title of Applicant) 
 
Article 7. 
 
(1)  The title of applicant may be transferred.  
(2)  Any transfer of the title of applicant shall not take effect without notification to the Minister for 
Agriculture, Forestry and Fisheri es pursuant to the provisions of the Ordinance of the Ministry of 
Agriculture, Forestry and Fisheries,  except in the case of transfer by inheritance or other general 
succession.  
(3)  When the title of applicant is transferred as a result of inheritan ce or other general succession, the 
successor shall notify, without delay, the Minister fo r Agriculture, Forestry and Fisheries accordingly, 
pursuant to the provisions of the Ordinance of the Ministry of Agriculture, Forestry and Fisheries. 
 IP/N/1/JPN/P/7 
Page 6  
 
(Variety Bred by an Employee as part of his/her Duties) 
 
Article 8. 
 
(1)  With respect to a variety bred by an employ ee, an executive officer of a juridical person, or a 
national or local governmental officer (hereinafter referred to as the "employee etc."), any contractual 
provision, service regulation or other stipulation pr oviding in advance that the employer, juridical 
person, or national or local government (hereinafter referred to as the "employer etc.") can file an 
application for variety registration, or have the title  of applicant transferred to him, or, when the 
employee etc. has had a variety registered, have the br eeder's right transferred to the employer etc. or 
establish an exclusive exploitation right on the regist ered variety for him, shall be null and void.  
However, this shall not apply when the breeding of th e 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. (h ereinafter referred to as a "variety bred by an 
employee as part of his/her duties"). 
(2)  An employee etc. may make a claim on the empl oyer etc. for the payment of compensation to be 
determined in consideration of the profit receivable by the employer etc. from a variety bred by that 
employee as part of his/her duties and the extent to which the employer etc. contributed to the breeding of that variety, when, in accordance with a contract, service regulation or other stipulation, 
the employer etc. files an application with respect  to the variety bred by that employee as part of 
his/her duties or has the title of applicant transfe rred to the employer etc., or, when the employee etc. 
has had a variety registered, has the breeder's right  succeeded to the employer etc. or establishes an 
exclusive exploitation right on the regi stered variety for the employer etc. 
(3)  When an employee etc. or his/her successor ha s been granted a variety registration relating to a 
variety bred by himself as part of his/her duties, his/her employer etc. or his/her successor shall receive a non-exclusive exploitation right on the variety concerned. 
 
(First-to-file Rule) 
 
Article 9. 
 
(1)  When two or more applications for variety regi stration are filed for a variety or for varieties that 
are identical or not clearly distinguishable from each other on the basis of characteristics, only the first 
applicant shall be considered for the grant of variety registration. 
 (2)  When an application for variety registration is withdrawn or dismissed, such an application shall, 
for the purpose of paragraph (1) of this Artic le, be deemed never to have been made. 
 
(3)  An application for variety registration filed by  a person who is not a breeder shall, for the purpose 
of paragraph (1) of this Article, be deemed not  to be an application for variety registration. 
 
(Rights of Foreign Nationals) 
 
Article 10. 
 
(1)  A foreign national who has neither domicile nor r esidence (nor registered office, in the case of a 
juridical person) in Japan may not enjoy a breeder's ri ght or any other right rela ted to a breeder's right, 
except in cases falling under any of the following items: 
 
(i) when the State to which the person belongs or  the State in which the person has domicile or 
residence (in the case of a juridical person, its regist ered office) is one of the member States of the 
International Convention for the Protection of New Varieties of Plants of December 2, 1961, as 
revised at Geneva on November 10, 1972, on Octobe r 23, 1978 and on March 19, 1991 (hereinafter 
referred to as "Contracting Parties") or member St ates of intergovernmental organizations which are  IP/N/1/JPN/P/7 
 Page 7 
 
 
bound by the said Convention (hereinafter referr ed to as "Intergovernmental Organizations"; 
"Contracting Parties and Intergovernmental Organiza tions" being hereinafter collectively referred to 
as "Contracting Parties etc.")  (ii) when the State to which the person belongs or the State in which the person has domicile or 
residence (in the case of a juridical person, its registered office) is a member States of 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 Octobe r 23, 1978 (including the State in relation to 
which Japan is to apply the Convention pursuant to the provision of Article 34 (2) of the said 
Convention; hereinafter referred to as "Member Stat es") and if the said State provides protection for 
the plant genus or species to which the person's applied variety belongs (excluding the case prescribed 
in the preceding item).  (iii) when the State to which the person belongs  provides Japanese nationals with the protection of 
varieties under the same conditions as for its own nationals  (including a State which provides such 
protection for Japanese nationals under the condition that Japan allows enjo yment of the breeder's 
right and other rights related to the breeder's right fo r the nationals of that State) and if the said State 
provides protection for the plant genus or species  to which the person's applied variety belongs 
(excluding the cases prescribed in the preceding two items).  
(Right of Priority) 
 
Article 11. 
 
(1) Any person listed in either of the following items may, if the conditions prescribed in the items are 
met, claim a right of priority at the time of appli cation, pursuant to the provi sions of the Ordinance of 
the Ministry of Agriculture , Forestry and Fisheries. 
 (i) a person who has filed an equivalent applicati on or applications for variety registration in a 
Contracting Party, an Intergovernmental Organizati on or a Member State (hereinafter referred to as 
"application in a Contracting Part y") or his/her successor (the person or his/her successor shall be 
limited to a Japanese national, a person belonging to  a Contracting Party etc. or Member States, or a 
person having a domicile or residence (in the case of a juridical person, its registered office) in Japan, 
a Contracting Party etc. or a Member State): when  the application for variety registration, on the 
variety pertaining to the said application in a Contr acting Party, is filed within one year from the day 
following the date of filing of the first application in  a Contracting Party (hereinafter referred to as the 
"date of application in a Contracting Party"); or 
 
(ii) a person who has filed an equivalent applicatio n for variety registration in a State prescribed in 
item 3 of  Article 10 which allows a Japanese national to claim a right of priority under the same conditions as Japan does (excluding Contracting Party and Member Stat e; hereinafter referred to as a 
"Designated State") or his/her successor (the person or  his/her successor shall be limited to a Japanese 
national or a person belonging to the Designated Stat e): when the application for variety registration, 
on the variety pertaining to the said application in a Designated State, is filed within one year from the 
day following the date of the filing of the first a pplication in a Designated State (hereinafter referred 
to as the "date of applicati on in a Designated State"). 
 (2)  Where the applicant claims a right of priority pursuant to the provisions of paragraph (1) of this 
Article, any application for variety registration, publica tion, such acts as transfer or other acts made in 
relation to a variety which is identical to or not clearly distinguishable from the applied variety on the 
basis of the characteristics, within a period from the date of application in a Contracting Party or the 
date of application in a Designated State to the date of the application for variety registration, shall not 
constitute a ground for preventing the said variety from registration. 
 IP/N/1/JPN/P/7 
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(Amendment of Application for Variety Registration) 
 
Article 12. 
 
(1)  The Minister for Agriculture, Forestry and Fisheries may order the application for variety 
registration to be amended, fixing an ad equate time limit, in the following cases; 
 (i) the application for variety registration has not co mplied with the formal requirements specified in 
this Act or in orders or ordi nances pursuant to this Act; or 
 
(ii) the applicant does not pay the application fee th at should be paid pursuant to the provisions of 
paragraph (1) of Article 6.  (2)  The Minister for Agriculture, Forestry and Fisheries may dismiss the application for variety 
registration, when the person who has been ordered to amend the application for variety registration 
pursuant to the provisions of paragraph (1) of this Article does not amend it within the time limit fixed 
pursuant to the provision of the said paragraph.  
Section 2.  Publication of Application 
 
(Publication of Application) 
 
Article 13. 
 
(1) When an application for variety registration is received (or when a amended application for variety 
registration is received if, pursuant to the provision of paragraph (1) of Article 12, amendment of the 
application for variety registration has been orde red), the Minister for Agriculture, Forestry and 
Fisheries shall publish the application for variety registration without delay by publicly noticing the 
following matters:  (i) the application number and date of the application for variety registration; 
 
(ii) the name and the domicile or residence of the applicant; 
 (iii) the genus or species of the agricultural, forest ry or aquatic plant to which the applied variety 
belongs;  
(iv) the denomination of the applied variety; 
 (v) the date of the publication of the application; and  (vi) other necessary matters in addition to those listed in the preceding items.  
(2) When the application for variety registration is surrendered, withdrawn or dismissed after the 
publication of the application, or when the applicati on for variety registration is rejected, the Minister 
for Agriculture, Forestry and Fisheri es shall publicly notice that effect. 
 
(Effects etc. of Publication of Application) 
 
Article 14 
 
(1) When the applicant for a variety registration h as, after publication of his/her application, and 
having given notification in a written statement setti ng forth the particularities of the applied variety, 
he may claim, against a person who exploited in  the course of trade between the time of the  IP/N/1/JPN/P/7 
 Page 9 
 
 
notification and the registration, that applied va riety, a variety which is, on the basis of its 
characteristics, not clearly distinguishable from that applied variety, or a variety to which the provisions of each item of Article 20 paragraph (2) would apply if that said applied variety would 
have been registered, compensation equivalent to the amount of money which the applicant may receive if that applied variety were registered.  Ev en in the absence of the notification, this provision 
shall apply to a person who exploited in the course of trade the applied variety (including a variety 
which, on the basis of its characteristics, is not cl early distinguishable from the said applied variety or 
a variety to which the provision of each item of Arti cle 20 paragraph (2)) before its registration, if he 
had known that the variety which he exploited was th e applied variety pertaining to the publication of 
the application. 
 
(2) The right to claim compensation prescribed in paragraph (1) of this Article can be exercised only after the registration of the variety.  (3) The exercise of the right to claim compensation prescribed in paragraph (1) of this Article shall 
not preclude the exercise of the breeder's right. 
 (4) When the application for variety registration h as been surrendered, withdrawn or dismissed after 
the publication of the application, or when the appli cation for variety registration has been rejected, or 
when the variety registration is canceled pursuant to the provisions of either item 1 or 4 of Article 42 
paragraph (1), or when a decision to cancel the va riety registration has become final and conclusive, 
which upholds the ground for an objection to the variety registration pursuant to the Administrative 
Appeal Act (Act No. 160 of 1962), or when a judgme nt to cancel or to confirm nullity of the variety 
registration becomes final and conclusive, the right to claim compensation under paragraph (1) of this 
Article shall be deemed never to have existed. 
 
(5) Article 36 of this Act as well as Articles 719 a nd 724 of the Civil Code (Act No.89 of 1896) shall 
apply mutatis mutandis to the exercise of the right to claim compensation as prescribed in 
paragraph (1) of this Article. In this case, when  a person having the right to claim compensation has 
become aware, before the registration of the variety,  of the fact that the applied variety pertaining to 
the application for the variety registration was exploited and could identify the person having 
exploited that variety, the term "the time when th e victim or his/her legal representative became aware 
of such damage and perpetrator" in Article 724 of the said Code shall be deemed to be replaced with 
"the date of the variety registration."  
Section 3. Examination 
 
(Examination of Applied Variety) 
 
Article 15. 
 
(1) The Minister for Agriculture, Forestry and Fi sheries may order the applicant to submit entire 
plants or parts of plants of the applied variety or other material necessary for examination of the 
applied variety. 
 (2) The Minister for Agriculture, Forestry and Fish eries shall cause its officers to conduct on-site 
inspections or the Independent Administrative In stitution National Center for Seeds and Seedlings 
(hereinafter referred to as NCSS) to conduct growi ng tests for examination of the applied variety, 
However, this shall not apply to the cases where it is found unnecessary to do so for the examination 
of the applied variety.  (3) The Minister for Agriculture, Forestry and Fisheries may request relevant administrative 
organizations, educational establishments or other pe rsons deemed to be appropriate, to conduct such 
on-site inspections as prescribed in  paragraph (2) of this Article. IP/N/1/JPN/P/7 
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 (4) Items to be checked, examination methods and other requirements for the conduct of the growing tests set forth in paragraph (2) of this Article shall be determined by the Ordinance of the Ministry of 
Agriculture, Forestry and Fisheries.  
(5) The NCSS may request relevant administrative or ganizations, educational establishments or other 
persons deemed to be appropriate, to conduct such growing tests as set forth in paragraph (2) of this 
Article with the consent of the Minister for Agriculture, Forestry and Fisheries. 
 (6) The Minister for Agriculture, Fo restry and Fisheries may, when it finds it necessary to ensure the 
appropriate conduct of the growing t ests, issue orders to the NCSS in relation to the conduct of such 
growing tests as set forth in paragraph (2) of this Article.  
(Order to Change Denomination) 
 
Article 16. 
 
(1) When the denomination of the applied vari ety falls under any of the items of Article 4 
paragraph (1), the Minister for Agriculture, Forest ry and Fisheries may order the applicant to change 
it to another denomination which does not fall under any of the items of the said paragraph, fixing an 
adequate time limit. 
 
(2) When the denomination, after the publication of application, is changed pursuant to the provision 
of the preceding paragraph, the Minister for Agricu lture, Forestry and Fisheries shall publicly notice 
information to that effect.  
(Rejection of Application for Variety Registration) 
 
Article 17. 
 
(1) The Minister for Agriculture, Forestry and Fi sheries shall reject the application for variety 
registration, in writing, when the applied variety falls under any of the following items: 
 
(i) the applied variety may not be registered pursuan t to the provisions of Article 3 paragraph (1), 
Article 4 paragraph (2), Article 5 paragraph (3 ), Article 9 paragraph (1) or Article 10; or 
 (ii) the applicant, without justifiable grounds, fails to comply with the order prescribed in Article 15 
paragraph (1), refuses to receive an on-site in spection as prescribed in paragraph (2) of the said 
Article or fails to comply with the order prescribed in paragraph (1) of Article 16.  (2) When the application for variety registration is  to be rejected pursuant to the provision of 
paragraph (1) of this Article, the Minister for Ag riculture, Forestry and Fisheries shall notify the 
applicant of the reason for the rejection and give  him an opportunity to submit a written opinion of 
his/her arguments, fixing an adequate time limit. 
 
(Variety Registration) 
 
Article 18 
 
(1) The Minister for Agriculture, Forestry and Fisheries shall register the variety unless the 
application for variety registration should be reject ed pursuant to the provision of paragraph (1) of 
Article 17.   IP/N/1/JPN/P/7 
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(2) A variety shall be registered in the Registry of  Plant Varieties in which the following matters shall 
be entered:  (i) the registration number and the date of variety registration;  
(ii) the genus or species of the agricultural, forest ry or aquatic plant to which the variety belongs; 
 (iii) the denomination of the variety;  (iv) the characteristics of the variety; 
 
(v) the duration of the breeder's right;  (vi) the name and domicile or residence of th e person who has the variety registration; and 
 
(vii) in addition to those matters listed in the preceding items, the matters prescribed by the Ordinance 
of the Ministry of Agriculture, Forestry and Fisheries.  (3) When a variety has been registered pursuant to the provisions of paragraph (1) of this Article, the 
Minister for Agriculture, Forestry and Fisheri es shall notify the person who has the said variety 
registration accordingly, and publicly notice the matt ers prescribed by the Ordinance of the Ministry 
of Agriculture, Forestry and Fisheries. 
 
Section 4.  Breeder's Right 
 
(Grant and Duration of the Breeder's Right) 
 
Article 19. 
 
(1) A breeder's right shall be granted by the registration of the variety.  (2) Duration of a breeder's right shall be twenty -five years (thirty years in the case of varieties 
prescribed in Article 4 paragraph (2)) fro m the date of variety registration. 
 
(Effects of the Breeder's Right) 
 
Article 20. 
 
(1) The holder of a breeder's right shall have an excl usive right to exploit, in the course of trade, the 
variety which is registered (hereinafter referred to as "registered variety") and varieties which, on the 
basis of their characteristics, are not clearly dis tinguishable from the registered variety.  However, 
when an exclusive exploitation right is granted in re lation to the breeder's right, the exclusive right of 
the holder of the breeder's right does not extend  to the areas where the holder of the exclusive 
exploitation right has an exclusive right to exploit these varieties. 
 (2) The holder of the breeder's right for a registered  variety shall have exclusively the same right as 
the right which, if varieties related to the register ed variety in ways describ ed in the following items 
are registered, the breeders of the aforementioned related varieties will have.  In this case, the 
provisions of the proviso of paragraph (1) of th is Article shall be applied mutatis mutandis. 
 (i) varieties which are bred from a registered vari ety by changing some of the latter's characteristics 
while retaining the essential characteristics of the latter by selection of a variation or variations, 
backcrossing, transformation by genetic engineering or other methods specified by the Ordinance of IP/N/1/JPN/P/7 
Page 12  
 
the Ministry of Agriculture, Forestry and Fisheries and which are clearly distinguishable from the initial registered variety on the basis of the characteristics; or  (ii) varieties whose production requires the repeated use of the registered variety.  
(3) When a registered variety is bred from a variet y other than the said registered variety by changing 
some of the latter's characteristics while retain ing the essential characteristics of the latter by the 
methods pursuant to the Ordinance of the Ministry of  Agriculture, Forestry and Fisheries prescribed in 
item 1 of paragraph (2) of this Ar ticle, paragraph (2) of this Article  and paragraph (2) of Article 21 
shall be applied by changing the words "the follo wing items" in paragraph (2) of this Article to 
"item 2", and by further changing the words "each item of paragraph (2) of Article 20" to "item 2 of 
paragraph (2) of Article 20."  
(Limitation of the effects of the Breeder's Right) 
 
Article 21. 
 
(1) The effects of a breeder's right sh all not extend to the following acts: 
 (i) use of the variety for the purpose of breeding ne w varieties and for other experimental and research 
purposes; 
 
(ii) production of seeds and seedlings of the registered  variety, by a person who has a patent right for 
the process of breeding the registered variety (including a variety which is, on the basis of its characteristics not clearly distinguishable from the re gistered variety; hereinafter the same shall apply 
in this paragraph) or a person who has been grante d an exclusive license or non-exclusive license to 
use the said patent, by means of the process pertaini ng to the said patent, or conditioning, offering for 
transfer, transferring, exporting, importing or stocking for these purposes, of the said seeds and seedlings;  (iii) production of seeds and seedlings of the registered  variety after the extinction of the patent right 
set forth in item (ii) of this paragraph, by means of the process pertaining to the said patent, or 
conditioning, offering for transfer, transferring, e xporting, importing or stocking for these purposes, of 
the said seeds and seedlings; or  (iv) production, offering for transfer or lease, tr ansferring, leasing, exporting, importing or stocking 
for these purposes, of the harvested material obt ained from the seeds and seedlings set forth in 
items (ii) and (iii) of this paragraph. 
 (v) production, offering for transfer or lease, transf erring, leasing, exporting, importing or stocking for 
these purposes, of the processed products pertaining to the harvested material set forth in item (iv) of this paragraph.  
(2) Where farmers as prescribed by the Cabinet Or der obtain the seeds and seedlings of a registered 
variety, a variety which, on the basis of the char acteristics, is not clearly distinguishable from the 
registered variety, or varieties listed in each ite m of paragraph (2) of Article 20 pertaining to the 
registered variety (hereinafter collectively referred to as "registered variety etc.") which have been 
transferred by the holder of the breeder's right, the holder of an exclusive exploitation right or the 
holder of a non-exclusive exploita tion right, gain harvested material by using the said seeds and 
seedlings, and further use the said harvested materi al as seeds and seedlings for the next production 
cycle on their own holdings, the effects of the breeder's right shall not extend to the seeds and seedlings used for the next production cycle, the harvested material obtained from them, and processed products pertaining to the harvested material, unless otherwise prescribed by contract. 
  IP/N/1/JPN/P/7 
 Page 13 
 
 
(3) The provision of paragra ph (2) of this Article shall not be a pplied to the use of seeds and seedlings 
of a variety, which belongs to one of the gene ra or species designated by the Ordinance of the 
Ministry of Agriculture, Forestry and Fisheries as being propagated vegetatively. (4) When seeds and seedlings, harvested material or processed products of a registered variety etc. are 
transferred by the holder of the breeder's right, the holder of an exclusive exploitation right or the 
holder of a non-exclusive exploitation right, or as the result of the acts listed in any of the items of 
paragraph (1) of this Article, the effects of the breed er's right for the said registered variety shall not 
extend to the exploitation of the transferred seed s and seedlings, harvested material or processed 
products. However, this provision shall not apply to the production of seeds and seedlings of the said 
registered variety etc., nor to the exportation of seeds and seedlings to a State which does not protect 
varieties of the plant genus or species to whic h the said registered variety belongs nor to the 
exportation of harvested material to the said State for a purpose other than final consumption.  
(Obligation of Using a Denomination, etc.) 
 
Article 22. 
 
(1) When seeds and seedlings of a registered va riety (including a variety whose registration has 
already expired: hereinafter the same shall apply in this Article) are offered for transfer or are 
transferred in the course of trade, the denomination of the said registered variety (where the denomination has been changed pursuant to the provisions of Article 41 paragraph (2), the 
denomination as changed) shall be used. 
 (2) When seeds and seedlings of a variety being other than a registered variety but belonging to the 
same genus or species of the agricultural, forest ry or aquatic plants to which the aforementioned 
registered variety belongs or belonging to the genus  and species of agricultural, forestry and aquatic 
plants specified by the Ordinance of the Ministry of  Agriculture, Forestry and Fisheries to be similar 
to the genus or species to which the aforementioned re gistered variety belongs, are offered for transfer 
or are transferred in the course of trade, the denomin ation of the said registered variety shall not be 
used.  
(Co-owners of a Breeder's Right) 
 
Article 23. 
 
(1) Each of the co-owners of a breeder's right may neither transfer his/her share nor grant a pledge 
upon it without the consent of the other co-owners. 
 
(2) Each of the co-owners of a breeder's right ma y, unless otherwise prescribed by contract, exploit 
the registered variety etc. without the consent of the other co-owners.  (3) Each of the co-owners of a breeder's right may grant neither an exclusive exploitation right nor a 
non-exclusive exploitation right on the breeder's ri ght without the consent of the other co-owners. 
 
(Extinction of a Breeder's Right due to the Dissolution of a Juridical person, etc.) 
 
Article 24. 
 A breeder's right shall be extincted in the following cases: 
 (i) a juridical person holding a breeder's right dissolves, and the breeder's right should vest in the national treasury pursuant to the provisions of Article 72 paragraph (3) of the Ci vil Code or equivalent 
Acts; or 
 IP/N/1/JPN/P/7 
Page 14  
 
(ii) a natural person holding a breeder's right dies, and the breeder's right should vest in the national 
treasury pursuant to the provisions of Art.959 of the Civil Code.  
(Exclusive Exploitation Right) 
 
Article 25. 
 
(1) The holder of a breeder's right may grant an exclusive exploitation right on his/her breeder's right.  (2) The holder of an exclusive exploitation right shall have an exclusive right to exploit the registered 
variety etc. in the course of trade to the extent laid down in act of establishment. 
 (3) An exclusive exploitation right may be transferre d only in the following cases; together with the 
business in which the variety is exploited, with the c onsent of the holder of the breeder's right, or by 
inheritance or other general successions. 
 
(4) The holder of an exclusive exploitation right may grant a pledge or a non-exclusive exploitation right on the exclusive exploitation right only with the consent of the holder of the breeder's right. 
 (5) The provisions set forth in Art.23 shall appl y mutatis mutandis to exclusive exploitation rights. 
 
(Non-exclusive Exploitation Right) 
 
Article 26. 
 
(1) The holder of a breeder's right may grant a non-exclusive exploitation right on his/her breeder's 
right. 
 (2) The holder of a non-exclusive exploitation righ t shall have the right to exploit the registered 
variety etc. in the course of trade to the extent pursu ant to the provision of this Act or laid down by act 
of establishment.  
(Non-exclusive Exploitation Right by virtue of Prior Breeding) 
 
Article 27. 
 
A person who has bred, earlier than the breeder of a re gistered variety, a variety that, on the basis of 
the characteristics, is identical with or not clearly  distinguishable from the registered variety shall 
have a non-exclusive exploitation right on the breeder's  right pertaining to the said registered variety. 
 
(Award) 
 
Article 28. 
 
(1) When a registered variety etc. has not been ad equately exploited continuously for two years or 
more in Japan or the exploitation of a registered variety etc. is especially necessary for the reason of 
public interest, a person who intends to exploit the sa id registered variety etc. in the course of trade 
may request the holder of the breeder's right or the holder of an exclusive exploitation right on the 
said registered variety to hold consultations concer ning the grant of a non-exclusive exploitation right 
thereon.  (2) When the consultations set forth in paragraph (1) of this Article have not reached an agreement or 
if the consultation is unable to take place, the person prescribed in the said paragraph may apply the 
Minister for Agriculture, Forestry  and Fisheries for an award.  IP/N/1/JPN/P/7 
 Page 15 
 
 
 (3) When an application for award prescribed in pa ragraph (2) of this Article has been made, the 
Minister for Agriculture, Forestry  and Fisheries shall notify in wr iting the holder of the breeder's 
right, the holder of an exclusive exploitation right, or  other persons who have any right registered in 
relation to the registered variety pertaining to the said application accordingly and shall give them an 
opportunity to state their opinion, fixing an adequate time limit. 
 (4) Unless it is especially necessary for the reason of pub lic interest to exploit a registered variety etc., 
the Minister for Agriculture, Forestry and Fi sheries shall not render an award ordering a non-
exclusive exploitation right to be granted where there is any justifiable ground why the registered 
variety etc. has not been exploited adequately. 
 (5) Before rendering an award set forth in paragraph (2) of this Article, the Minister for Agriculture, 
Forestry and Fisheries shall hear the opini ons of the Agricultural Materials Council. 
 
(6) An award ordering a non-exclusive exploitation ri ght to be granted shall set forth the scope of the 
non-exclusive exploitation right as well as the consideration for the right and the method of payment.  (7) When an award is taken in accordance with pa ragraph (2) of this Article, the Minister for 
Agriculture, Forestry and Fisheries shall notify the parties and other persons who have rights 
registered in relation to the registered variety, accordingly. 
 
(8) When the award provided in paragraph (6) of this  Article has been notified to the parties pursuant 
to the provisions of paragraph (7) of this Article, an  agreement shall be deemed to have been reached 
between the parties concerned as provided in the award.  
(Transfer, etc. of a Non-exclusive Exploitation Right) 
 
Article 29. 
 
(1) A non-exclusive exploitation right, with the excep tion of such as is granted by award set forth in 
paragraph (2) of Article 28, may be transferred t ogether with the business in which the variety is 
exploited, only with the consent of the holder of the breeder's right (in th e case of a non-exclusive 
exploitation right on an exclusive exploitation right, th e holder of the breeder's right and the holder of 
that exclusive exploitation right; this proviso shall apply also in paragraph (2) of this Article), or 
inheritance or other general succession.  
(2) The holder of a non-exclusive exploitation right, w ith the exception of such as is granted by award 
set forth in paragraph (2) of Article 28, may gran t a pledge on that non-exclusive exploitation right 
only with the consent of the holder of the breeder's right.  (3) A non-exclusive exploitation right which is gr anted by award set forth in paragraph (2) of 
Article 28 may be transferred only together with the business in wh ich the variety is exploited. 
 
(4) Paragraphs (1) and (2) of Article 23 shall apply mutatis mutandis to non-exclusive exploitation 
rights.  
(Pledge) 
 
Article 30. 
 
(1) When a breeder's right or an exclusive or non -exclusive exploitation right is the purpose of a 
pledge, the pledgee may not exploit the said regist ered variety etc. unless otherwise prescribed by 
contract. IP/N/1/JPN/P/7 
Page 16  
 
 (2) A pledge on a breeder's right or on an exclusive or non-exclusive exploitation right may be exercised against the remuneration received as consider ation for the breeder's right or the exclusive or 
non-exclusive exploitation right or against money or goods that the holder of the breeder's right or the 
exclusive exploitation right would be entitled to recei ve for the exploitation of the registered variety 
etc.  However, an attachment order shall be ob tained prior to the payment or delivery of the 
remuneration money or goods.  
(Surrender of the Breeder's Right, etc.) 
 
Article 31. 
 
(1) When there is a holder of an exclusive explo itation right, a pledgee or a holder of non-exclusive 
exploitation right as referred to in Article 8 para graph (3), Article 25 paragraph (4) or Article 26 
paragraph (1) in relation to a breeder's right, the holder of the breeder's right may surrender his/her 
breeder's right only with the individual consent of such persons. 
 (2) When there is a pledgee or a holder of a non-ex clusive exploitation right referred to in Article 25 
paragraph (4) in relation to an exclusive exploitatio n right, the holder of the exclusive exploitation 
right may surrender his/her exclusive exploitation right only with the individual consent of such persons. 
 
(3) When there is a pledgee in relation to a non-exclusive exploitation right, the holder of the non-exclusive exploitation right may surrender his/her non-exclusive exploitation right only with the 
pledgee's consent.  
(Effects of Registration) 
 
Article 32. 
 
(1) The following matters shall have no legal effect unless they are registered:  
(i) the transfer (other than by inheritance or other general succession), extinction by surrender, or 
restrictions on the disposal, of a breeder's right;  (ii) the grant, transfer (other than by inherita nce or other general succession), modification or 
extinction (except as a result of a merger or extinc tion of the breeder's right), or restriction on the 
disposal, of an exclusive exploitation right, or 
 (iii) the grant, transfer (other than by inherita nce or other general succession), modification or 
extinction (except as a result of a merger or extin ction of a secured credit), or restriction on the 
disposal, of a pledge on a breeder's right or an exclusive exploitation right.  
(2) Inheritance or other general succession referred to in each item of paragraph (1) of this Article 
shall be notified to the Minister for Agriculture, Fo restry and Fisheries without delay, pursuant to the 
provisions of the Ordinance of the Ministry of Agriculture, Forestry and Fisheries.  (3) Once a non-exclusive exploitation right has been re gistered, it shall also be effective against the 
holder of the breeder's right or the holder of th e exclusive exploitation right, or against anyone 
subsequently being granted an exclusive exploitation right on the breeder's right. 
 (4) A non-exclusive exploitation right set forth in Ar ticle 8 paragraph (3) or Article 27 shall have the 
same effects as prescribed in paragraph (3 ) of this Article without registration. 
  IP/N/1/JPN/P/7 
 Page 17 
 
 
(5) The transfer, modification, extinction or restriction on the disposal of a non-exclusive exploitation right or the grant, transfer, modification, extinction or restriction on the disposal of a pledge on a non-exclusive exploitation right may not set up ag ainst any third party unless it is registered. 
 
Section 5.  Infringement 
 
(Injunction) 
 
Article 33. 
 (1) The holder of a breeder's right or the holder of an exclusive exploitation right may request a 
person who is infringing or is likely to infringe his/he r breeder's right or exclusive exploitation right to 
discontinue or refrain from such infringement.  (2) The holder of a breeder's right or the holder of an exclusive exploitation right who is making the 
requisition prescribed in paragraph (1) of this Ar ticle may demand the destruction of the seeds and 
seedlings, the harvested material or the processed products on which the ac t of infringement was 
committed, or the objects used for the act of infri ngement, or other measures necessary to prevent the 
infringement.  
(Presumption, etc. of Amount of Damages) 
 
Article 34. 
 
(1) Where the holder of a breeder's right or of an exclusive exploitation right claims, against a person 
who has intentionally or negligently infringed his/he r breeder's right or exclusive exploitation right, 
compensation for damages caused to him by the in fringement, any profits gained by the infringer 
through the infringement shall be presumed to be th e amount of damages suffered by the holder of the 
breeder's right or the holder of  the exclusive exploitation right 
 (2) The holder of a breeder's right or of an excl usive exploitation right may claim, against a person 
who has intentionally or negligently infringed his/he r breeder's right or exclusive exploitation right, 
the amount of money which he would be entitled to receive from the exploitation of the registered 
variety etc., as the amount of damages suffered by him.  (3) The provision of paragraph (2) of this Article shall not preclude a claim for damages exceeding the 
amount prescribed in the said paragraph.  In such cas es, when the infringer of the breeder's right or the 
exclusive exploitation right had neither intent nor gross negligence, the court may take this into 
consideration when awarding damages.  
(Presumption of Negligence) 
 
Article 35. 
 
A person who has infringed a breeder's right or an ex clusive exploitation right of another person shall 
be presumed to have been negligent with respect to the act of infringement.  
(Submission of Documents) 
 
Article 36. 
 
In litigation pertaining to the infringement of a breed er's right or an exclusive exploitation right, the 
court may, upon the request of a party, order th e other party to submit documents necessary for the IP/N/1/JPN/P/7 
Page 18  
 
assessment of the damages caused by the said infri ngement.  However, this provision shall not apply 
when the person possessing the documents has justif iable grounds for refusing their submission. 
 
(Measures for Recovery of Reputation) 
 
Article 37. 
 
Upon the request of the holder of a breeder's right or of an exclusive exploitation right, the court may, in lieu of the compensation for damages or in add ition thereto, order the person who has injured the 
business reputation of the holder of the breeder's ri ght or of the exclusive exploitation right by 
infringing the breeder's right or the exclusive exploitation right intentionally or negligently, to take the 
necessary measures for the recovery of the business reputation.  
Section 6.  Maintenance and Cance llation of a Variety Registration 
 
(Registration Fee) 
 
Article 38. 
 
(1) The holder of a breeder's right shall pay a regi stration fee, which shall not exceed 36,000 yen for 
each registration and is specified by the Ordinan ce of the Ministry of Agriculture, Forestry and 
Fisheries, for each year until the expiration of the duration as provided for in Article 19 paragraph (2). 
 (2) The provision of paragraph (1) of this Article sh all not be applied when the holder of a breeder's 
right is the national government.  
(3) Notwithstanding the provision of paragraph (1) of  this Article, where the national government and 
another person jointly own a breeder's right and they  have an agreement on the share of the breeder's 
right, such other person shall pay the registrati on fee in an amount calculated by multiplying the 
amount of the registration fee specified by the Ordina nce of the Ministry of Agriculture, Forestry and 
Fisheries set forth in paragraph (1) of this Article by  the percentage of the share of such other person. 
 
(4) When there is a fraction less than 10 yen in the amount of the registration fee as calculated 
pursuant to the provision of para graph (3) of this Article, such a fraction shall be discarded. 
 (5) The registration fee for the first year prescribed in paragraph (1) of this Article shall be paid 
within 30 days from the date of publicly notice in  accordance with the provisions of Article 18 
paragraph (3). 
 (6) The registration fee for the second year and sub sequent years prescribed in paragraph (1) of this 
Article shall be paid in the previous year or earlier.  (7) When the registration fee is unable to be paid within the time limit prescribed in paragraph (6) of 
this Article, the fee may be paid within 6 months from the expiration of the time limit. 
 (8) The holder of a breeder's right who pays th e registration fee pursuant to the provision of 
paragraph (7) of this Article shall pay, in addition to the registration fee to be paid under the provision 
of paragraph (1) of this Article, a surcharg e of the same amount as the registration fee. 
  IP/N/1/JPN/P/7 
 Page 19 
 
 
(Payment of the Registration Fee by Interested Persons) 
 
Article 39. 
 
(1) An interested person may pay the registration fee even against the will of the holder of the 
breeder's right. 
 (2) The interested person who has paid the registra tion fee pursuant to the provision of paragraph (1) 
of this Article may claim reimbursement of the expe nse to the extent that the holder of the breeder's 
right is actually making a profit. 
 
(Examination of a Registered Variety) 
 
Article 40. 
 (1) The Minister for Agriculture, For estry and Fisheries may order the ho lder of a breeder's right or of 
an exclusive exploitation right to submit entire plants  or parts of plants of the registered variety and 
other material, when it is found necessary to examin e whether the characteristics of the registered 
variety are maintained.  (2) The Minister for Agriculture, Forestry and Fish eries shall cause its officers to conduct on-site 
inspections or cause the NCSS to co nduct growing tests in the case prescr ibed in paragraph (1) of this 
Article.  (3) The provisions of paragraphs (3) to (6) inclusiv e of Article 15 shall be applied mutatis mutandis to 
the on-site inspections or growing tests set  forth in paragraph (2) of this Article. 
 
(Change of Denomination of a Registered Variety) 
 
Article 41. 
 
(1) When it is found that the denomination of a regist ered variety falls under any of the provisions of 
items 2 to 4 inclusive of Article 4 paragraph (1), the Minister for Agriculture, Forestry and Fisheries 
may order the holder of the breeder's right to subm it another denomination of the registered variety 
which does not fall under any of the items of the said paragraph, by fixing an adequate time limit. 
 (2) When a denomination falling under none of the items of Article 4 paragraph (1) has been 
submitted pursuant to the provisions of paragraph (1) of this Article, the Minister for Agriculture, 
Forestry and Fisheries shall change the denominati on of the said registered variety to the submitted 
denomination by entering it in the Registry of Plant Varieties.  (3) When the Minister for Agriculture, Forestry  and Fisheries changes the denomination of a 
registered variety pursuant to the provision of para graph (2) of this Article, he shall notify the holder 
of the breeder's right of the said registered vari ety and publicly notice information to that effect. 
 
(Cancellation of the Variety Registration) 
 
Article 42. 
 
(1) The Minister for Agriculture, Fo restry and Fisheries shall cancel a variety registration in any one 
of the following cases:  (i) when it has turned out that th e variety was registered in violation of the provisions of Article 3 
paragraph (1), Article 4 paragraph (2), Article 5 paragraph (3), Arti cle 9 paragraph (1) or Article 10; IP/N/1/JPN/P/7 
Page 20  
 
 (ii) when it has turned out that, after the variety re gistration, the registered variety no longer satisfies 
the requirements listed in item 2 or  3 of Article 3 paragraph (1); 
 (iii) when, after the variety registration, the holder of the breeder's right has become a person who 
may not enjoy a breeder's right pursuant to the provisions of Article 10; 
 (iv) when the registration fee for the first year is not paid within the period prescribed in Article 38 
paragraph (5);  
(v) when the registration fee and the surcharge are not paid within the period prescribed in Article 38 
paragraph (7);  (vi) when the person who was ordered to submit ma terial pursuant to the provisions of Article 40 
paragraph (1) fails to comply with th e order without justifiable grounds; or 
 
(vii) when the person who was ordered to submit another denomination of the registered variety 
pursuant to the provisions of paragraph (1) of this  Article fails to comply with the order without 
justifiable grounds.  (2) A hearing pertaining to the cancellation of a va riety registration in accordance with any of the 
provisions of items 1, 2, 3, 6, or 7 of paragraph (1) of this Article shall be held upon giving sufficient 
notice before the hearing, to the holder of an exclusive exploitation right or any other right registered in relation to the breeder's right pertaining to the said variety registration.  (3) When the person prescribed in paragraph (2) of this Article requests to participate in the said 
hearing pursuant to the provisions of Article 17 pa ragraph (1) of the Administrative Procedure Act 
(Act No. 88 of 1993), the chairperson of the hearing set forth in paragraph (2) of this Article shall 
permit him to do so.  (4) When the variety registration has been cancel pur suant to the provisions of paragraph (1) of this 
Article, the breeder's right shall be extincted at th e time of cancellation.  However, in the case of any 
of the following items, the breeder's right shall be de emed to have been extincted retroactively from 
the time specified in each of  the following said items. 
 (i) the case falling under item 1 or 4 of paragraph (1) of this Article: the time of variety registration; 
 
(ii) the case falling under item 3 of paragraph (1) of this Article: the time wh en the said item became 
applicable; or  (iii) the case falling under item 5 of paragraph (1) of this Article: the time when the time provided in 
Article 38 paragraph (6) has passed.  
(5) When the variety registration has been canceled pu rsuant to the provisions of paragraph (1) of this 
Article, the Minister for Agriculture, Forestry and Fisheries shall notify the holder of the breeder's 
right pertaining to the said variety registration and publicly notice information to that effect.  (6) With respect to the cancellation of a variety re gistration under the provisions of item 4 or 5 of 
paragraph (1), the provisions of Chapter 3 (exc luding Articles 12 and 14) of the Administrative 
Procedure Act shall not be applied.   IP/N/1/JPN/P/7 
 Page 21 
 
 
Section 7.  Miscellaneous Provisions 
 
(Jurisdiction for a Overseas Resident) 
 
Article 43. 
 
With respect to the breeder's right or any other ri ght relating to a breeder's right of a person who has 
neither domicile nor residence (nor registered offi ce, in the case of a juridical person) in Japan, the 
location of the Ministry of Agriculture, Forestry an d Fisheries shall be deemed to be the location of 
property set forth in Article 5 paragraph (4) of th e Code of Civil Procedure (Act No. 109 of 1996). 
 
(Special Provisions for filing of an Objection to a Variety Registration) 
 
Article 44. 
 (1) The provision of Article 45 of the Administrative Appeal Act shall not be applied to filing of an 
objection to a variety registration and, notwithstanding  the provision of Article 48 of the said Act, the 
provision of Article 14 paragraph (3) of  the said Act shall not be applied. 
 (2) The hearing of an objection to a variety regi stration pursuant to the Administrative Appeal Act 
shall be held upon giving sufficient notice before the h earing, to the holder of the breeder's right or of 
the exclusive exploitation right or other persons w ho have rights registered in relation to the said 
variety registration.  (3) When a person who received a notice pursuant to the provisions of paragraph (2) of this Article 
requests to participate in the said filing of an obj ection, the Minister for Agriculture, Forestry and 
Fisheries shall permit him to do so. 
 
(Registration, etc. in the Registry of Plant Varieties) 
 
Article 45. 
 (1) The following matters shall be registered in the Re gistry of Plant Varieties kept in the Ministry of 
Agriculture, Forestry and Fisheries:  (i) the grant, transfer, extinction or restri ction on the disposal, of a breeder's right; 
 
(ii) the grant, preservation, transfer, modification, extinction or restriction on the disposal, of an 
exclusive exploitation right or of a non-exclusive exploitation right; or  (iii) the grant, transfer, modification, extinction or restriction on disposal, of a pledge on a breeder's 
right, on an exclusive exploitation right or on a non-exclusive exploitation right.  
(2) In addition to those matters listed in this Act,  any matter necessary for variety registration and the 
Registry of Plant Varieties shall be provided by the Ordinance of the Ministry of Agriculture, Forestry 
and Fisheries.  
(Request for Certification, etc.) 
 
Article 46. 
 
(1) Anyone may request any of the following from the Minister for Agriculture, Forestry and Fisheries, pursuant to the provisions of the Ordina nce of the Ministry of Agriculture, Forestry and 
Fisheries: IP/N/1/JPN/P/7 
Page 22  
 
 (i) certification relating to an application for variety registration or a registered variety; 
 (ii) issue of an transcript or extract of the Registry of Plant Varieties or  
(iii) inspection or copying of the Registry of Plant Varieties or an application filed set forth in Article 
5 paragraph (1), photograph (s) or other material a ttached thereto (excluding those which the Minister 
for Agriculture, Forestry and Fisheries cons iders necessary to be kept confidential). 
 (2) Rules of Act Concerning Access to Information Held by Administrative Organs (Act No. 42 of 
1999) shall not be applied to the Registry of Plant Va rieties, to applications as referred to in Article 5 
paragraph (1), nor to photographs  or related material attached thereto (referred to in the next 
paragraph as "the Registry of Plant Varieties, etc.")  (3) With regard to data entered into the Registry of Plant Varieties etc. pertaining to information on 
individual natural persons possessed by administrative organs (as prescribed in Article 2 paragraph (3) 
of the Act on the Protection of Informati on on Individual Natural Persons Possessed by 
Administrative Organs (Act No. 58 of 2003)), the prov isions of Chapter 4 of the said Act shall not be 
applied.  
(Fees) 
 
Article 47. 
 
(1) The person filing a request pursu ant to the provisions of paragraph (1) of Article 46 shall pay the 
fee corresponding to an amount to be prescribed by the Ordinance of the Ministry of Agriculture, 
Forestry and Fisheries in consideration of the actual costs. 
 (2) The provisions of paragraph (1) of this Article  shall not be applied when the person who should 
pay the fee pursuant to the provision of th e said paragraph is the national government. 
 
(Effects of Convention) 
 
Article 48. 
 
When there are specific provisions relating to the pr otection of new plant varieties in any convention, 
such provisions shall prevail. 
 
Chapter 3.  Designated Seeds and Seedlings 
 
(Notification by Seed and Seedling Dealers) 
 
Article 49. 
 
(1) A seed and seedling dealer shall notify the Minister  for Agriculture, Forestry and Fisheries of the 
following matters, pursuant to the provisions of the Or dinance of the Ministry of Agriculture, Forestry 
and Fisheries. The provision of this Article, howev er, shall not apply to those seed and seedling 
dealers specified by the Ordinance of the Mini stry of Agriculture, Forestry and Fisheries. 
 
(i) the name and the domicile of the dealer;   (ii) the kinds of designated seeds and seedlings which the dealer handles; and  
(iii) other matters specified by the Ordinance of th e Ministry of Agriculture, Forestry and Fisheries.  IP/N/1/JPN/P/7 
 Page 23 
 
 
 (2) The same shall apply whenever any change is made in the matters set forth in paragraph (1) of this 
Article.  (3) The notification referred to in pa ragraphs (1) and (2) of this Article  shall be due, where trading has 
been newly commenced, within two weeks after th e commencement, and whenever any change is 
made in the matters referred to in paragraph (1) of  this Article, within two weeks after such change. 
 
(Labeling of Designated Seeds and Seedlings) 
 
Article 50. 
 
(1) Designated seeds and seedlings shall not be sold  unless the package is furnished with a label 
containing the following matters or with a voucher show ing the said matters have been attached.  This 
provision, however, shall not apply where the matters listed in items 1 to 4 inclusive and item 6 of this 
Article pertaining to designated seeds and seedlings are shown by a notice or other readily visible 
means, or where designated seeds and seedlings ar e sold by a person other than seed and seedling 
dealers.  (i) the name and the domicile of the seed and seedling dealer providing the matters;  
(ii) the type and the variety name (in the case of grafted saplings, the types and the variety names of 
scion and rootstock);  (iii) the place of production;  
(iv) in the case of seed, the date of production or the time limit of validity, and the germination 
percentage;  (v) the quantity; and  (vi) any other matters specified by the Ordinan ce of the Ministry of Agriculture, Forestry and 
Fisheries. 
 (2) The matters listed in item 3 of paragraph (1) of  this Article shall be shown, in the case of a 
domestic product, by stating the prefecture in which the said place of the production is located, and, in the case of a foreign product, by stating the country  in which the said place of the production is 
located. 
 (3) In addition to paragraphs (1) and (2) of this Ar ticle, with regard to certain designated seeds and 
seedlings for which labeling is deemed necessary for u sers in the identification of the location suitable 
for growing, usage and other characteristics relevant  to growing or exploitation and in the selection of 
varieties suitable to their natural and economic cond itions, the Minister for Agriculture, Forestry and 
Fisheries shall determine and publish the matters to be shown for identification and any other standard 
relating to the said labeling, with which the seed and seedling dealer should comply. 
 (4) The Minister for Agriculture, Forestry and Fish eries may, when a seed and seedling dealer fails to 
comply with the standards determined pursuant to th e provisions of paragraph (3 ) of this Article, issue 
to the seed and seedling dealer a recommendation concerning the standards to be complied with. 
 IP/N/1/JPN/P/7 
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(Order relating to Designated Seeds and Seedlings) 
 
Article 51. 
 
(1) The Minister for Agriculture, Forestry and Fi sheries may order any seed and seedling dealer who 
has violated the provisions of paragraphs (1) and (2 ) of Article 50 to indicate the matters listed in each 
item of paragraph (1) of the said Article or to chan ge the contents of the indicated matters, or may 
prohibit the sale of the designated seeds and seed lings pertaining to the act of violation. 
 (2) The Minister for Agriculture, Forestry and Fish eries may, when any seed and seedling dealer fails 
to comply with the recommendation issued pursuant to  the provisions of paragraph (4) of Article 50, 
order that the seed and seedling dealer comply with  the standards set out under paragraph (3) of the 
said Article, fixing a time limit.  
(Standards relating to the Production, etc. of Designated Seeds and Seedlings) 
 
Article 52. 
 
(1) The Minister for Agriculture, Forestry and Fish eries shall, when it is found particularly necessary 
to secure the distribution of designated seeds and seedlings of good quality, determine and publish 
standards relating to the production, conditioning, st ocking or packaging, of the said designated seeds 
and seedlings, that should be complied with by pe rsons producing the said seeds and seedlings in the 
course of trade and seed and seedling dealers.  (2) The Minister for Agriculture, Forestry and Fi sheries may, when either a person producing the 
designated seeds and seedlings in the course of trad e or a seed and seedling dealer fails to comply 
with the standards pursuant to the provisions of para graph (1) of this Article, issue to such a person a 
recommendation to the effect that the standards be complied with.  (3) The Minister for Agriculture, Forestry a nd Fisheries may, when any person producing the 
designated seeds and seedlings in the course of trad e or any seed and seedling dealer fails to comply 
with the recommendation set forth in paragraph (2) of  this Article, publish the fact of non-compliance. 
 
(Collection of Designated Seeds and Seedlings) 
 
Article 53. 
 (1) The Minister for Agriculture, Forestry and Fi sheries may cause his/her officers to collect from 
seed and seedling dealers such quantities of desi gnated seeds and seedlings as are necessary for 
inspection.  However, compensation equivale nt to the market value shall be paid. 
 (2) In the case referred to in paragraph (1) of th is Article, such officers shall, when a seed and 
seedling dealer so requests, show a certifi cate to identify his/her official status. 
 
(Collection of Designated Seeds and Seedlings made by the NCSS or the National Livestock 
Breeding Center) 
 
Article 53-2. 
 
(1) The Minister for Agriculture, Forestry and Fi sheries may, when he finds it necessary, cause the 
NCSS or the Independent Administrative Institution National Livestock Breeding Center (hereinafter 
referred to as "NLBC") in accordan ce with the classes, specified by th e Ordinance of the Ministry of 
Agriculture, Forestry and Fisher ies to collect from seed and seed ling dealers such quantities of  IP/N/1/JPN/P/7 
 Page 25 
 
 
designated seeds and seedlings as are necessary for insp ection.  However, comp ensation equivalent to 
the market value shall be paid.  (2) The Minister for Agriculture, Forestry and Fisher ies shall issue an instruction to the NCSS or the 
NLBC to designate the date, place and other relevant items of information if the collection pursuant to 
the provisions of  paragraph (1) of this Artic le is carried out by the NCSS or the NLBC. 
 (3) The NCSS or the NLBC, having conducted the co llection referred to in paragraph (1) of this 
Article in accordance with an instruction set forth in paragraph (2) of this Article, shall report the 
result of the inspection to the Minister for Agricu lture, Forestry and Fisheries according to the rules 
prescribed in the Ordinance of the Ministry of Agriculture, Forestry and Fisheries. 
 (4) In the case referred to in paragraph (1) of th is Article, officials of the NCSS or the NLBC 
performing the collection pursuant to the provisions of the said paragraph shall show a certificate to 
identify his/her status if seed and seedling dealers so require. 
 
(Orders to the NCSS or the NLBC) 
 
Article 53-3. 
 
The Minister for Agriculture, Forestry and Fisheri es may, when he finds it necessary to ensure an 
appropriate implementation of the co llection referred to in paragraph (1) of Article 52, issue orders to 
the NCSS or the NLBC in relation to the collection.  
(Collection of Reports, etc.) 
 
Article 54.  
The Minister for Agriculture, Forestry and Fisheries may, within such limits as are necessary for the 
enforcement of this Act, order seed and seedling d ealers to submit reports re lating to their operations 
or to submit books and other documents.  
(Delegation of Authority to Prefectural Governors) 
 
Article 55. 
 
(1) Part of the authority of the Minister for Agri culture, Forestry and Fisheries under the provisions of 
Article 50 paragraph (4), Article 51, Article 52 paragraph (2) and (3 ), Article 53 and Article 54 may 
be delegated to Prefectural Governors, pursua nt to the provisions of the Cabinet Order. 
 (2) Part of the authority of the Ministry for Agri culture, Forestry and Fisheries prescribed in this 
Chapter may be delegated to the Regional Agri cultural Administration Offices, pursuant to the 
provisions of the Ordinance of the Ministry of Agriculture, Forestry and Fisheries. 
 
Chapter 4.  Penal Provisions 
 
Article 56. 
 Any person who has infringed a breeder's right or an exclusive exploitation right shall be punished by 
imprisonment with work for not more than three years or by a fine of not more than 3,000,000 yen.  IP/N/1/JPN/P/7 
Page 26  
 
Article 57. 
 
Any person who has obtained a variety registration by  means of a fraudulent act shall be punished by 
imprisonment with work for not more than one year or by a fine of not more than 1,000,000 yen. 
 Article 58. 
 
Any person who falls under any of the following ite ms shall be punished by a fine of not more 
than 500,000 yen.  
(i) a person who has sold designated seeds and seedli ngs with false labelling concerning the matters to 
be shown pursuant to the provisions of pa ragraphs (1) and (2) of Article 50; or 
 (ii) a person who has sold designated seeds and se edlings in violation of the disposition laid down 
pursuant to the provisions of Article 51 paragraph (1) or (2). 
 
Article 59. 
 
Any person who falls under any of the following ite ms shall be punished by a fine of not more 
than 300,000 yen.  
(i) a person who failed to notify pursuant to the pr ovisions of Article 49 or made false notification; 
 (ii) a person who, without justifiable grounds, has refused, obstructed or recused collection set forth 
under Article 53 paragraph (1) or Article 53-2 paragraph (1); or 
 
(iii) a person who failed to subm it a report or document specified pursuant to the provision of 
Article 54 or submitted a false report or document.  
Article 60. 
 
When a representative of a juridical person, or an agen t, a employee or any other worker of a juridical 
person or individual has committed an act of viola tion falling under any of the following items with 
regard to the business of said juridical person or i ndividual, not only the offender shall be punished 
but also said juridical person shall be punished by the fine prescribed in the following items or said 
individual shall be punished by the fine prescribed in any of these Articles.  
(i) Article 56: fine of not more than 100,000,000 yen; 
 (ii) Articles 57, 58 or item 1 or 3 of Articl e 59: fine prescribed in any of these Articles. 
 
Article 61. 
 If the NCSS or the NLBC violated the order prescr ibed in Article 15 paragraph (6) (including the 
cases when it is applied mutatis mutandis pursuan t to Article 40 paragraph (3)) or Article 53-3, 
officers of the NCSS and the NLBC that conducted the violation shall be punished by an administrative penalty of a civil fine of not more than 200,000 yen.  Article 62. 
 
Any person who violated the provisions of Article 22 shall be punished by a civil fine of not more 
than 100,000 yen.  
  IP/N/1/JPN/P/7 
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Supplementary Provisions (Extract) 
 
Supplementary Provisions  (Extract from Act No.59 of June 17, 2005) 
 
(Interim Measure for Processed Products) 
 
Article 2    No effect of a breeder's right shall extend to the processed products, prescribed in 
Article 2.4 of the Seeds and Seedlings Act (as revised by this Act,  and hereinafter, the "New Act"), 
that were produced in or imported to Japa n before the commencement of this Act. 
 
(Interim Measure for the Duration of a Breeder's Right) 
 
The provision of Article 19.2 of the New Act only app lies to a breeder's right pertaining to any variety 
which is registered after the commencement of th is Act; while the provisions then in force shall 
remain applicable to a breeder's right pertaining to any variety which was registered before the 
commencement of this Act. 
 
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