WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/JPN/P/5 
1 February 2005 
 (05-0413) 
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 text1 of the Seeds and Seedlings Law (Law 
No. 83 of 29 May 1998, as last amended by Law Nº 90 of 18 June 2003 (which entered into force 
on 8 July 2003)), notified by the Delegation of Japan by means of a communication 
dated 4 January 2005. 
 
 
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 actualisé1 de la Loi sur les semences et plants 
(Loi n° 83 du 29 mai 1998, modifiée en dernier lieu par la Loi n° 90 du 18 juin 2003 (entrée en 
vigueur le 8 juillet 2003)), notif ié par la délégation du Japon dans une communication datée du 
4 janvier 2005. 
 
 
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, mo dificada la última vez por la Ley Nº 90, de 18 de 
junio de 2003, (que entró en vigor el 8 de juli o de 2003)), que la Delegación del Japón notificó 
mediante una comunicación de fecha 4 de enero de 2005. 
                                                      
 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 
podrán consultar en la Secretaría de la OMC el texto en su idioma original. IP/N/1/JPN/P/5 
Page 2  
 
The Seeds and Seedlings Law (provisional translation)  
(Law No. 83 of May 29, 1998)  
 
Note: In case of doubt, please refer to the original Japanese text which is the authentic text.  
 
 
Chapter 1.  General Provisions P.1 
Chapter 2.  Variety Registration System P.2 
Part 1.  Variety Registration and Application for Variety Registration P.2 
Part 2.  Publication of Application P.8 
Part 3.  Examination P.9 
Part 4.  Breeder's Right P.11 
Part 5.  Infringement P.18 
Part 6.  Maintenance and Revocation of Variety Registration P.20 
Part 7.  Miscellaneous P.23 
Chapter 3.  Designated Seeds and Seedlings P.25 
Chapter 4.  Penal Provisions P.29 
Supplementary Provisions P.30 
 
Chapter 1.  General Provisions  
 
(Purpose) 
Section 1. 
The purpose of this Law 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 a nd regulations relating to the labeling of designated 
seeds and seedlings, so as to contribute to the development of agriculture, forestry and fisheries.  
 
 
(Definitions)  
Section 2.   
(1)  In this Law, “agricultural, forestry and aquatic plants ” mean  and other plants designated by the 
Cabinet Order, which are cultivated for the producti on of agricultural, forestry and aquatic products, 
and a “plant ” means an individual of agricultural, forestry and aquatic plants.  
 
(2)  In this Law, “variety ” means a plant grouping which can be distinguished from any other plant 
grouping by all s of the important characteristics (hereinafter referred to as “ characteristics ”) and 
which can be propagated while maintain ing its characteristics without change.  
(3)  In this Law, “seeds and seedlings ” means entire plants or parts of plants used for propagation.  
 
(4)  In this Law, “exploitation”  in relation to a variety means the following acts:  
  (i) production, conditioning, offering for transfer , transferring, exporting, importing or stocking for 
the purpose of these acts, of seeds and seedlings the variety; and  
  (ii) production, offering for transfer or lease, transferring, leasing, exporting, importing or stocking 
for the purpose of these acts, of the harvest ed material obtained through using seeds and 
seedlings of the variety (unless the holder of the breeder's right or the holder of the exclusive 
exploitation right has had reasonable opportunity to exercise his right for the acts mentioned in the preceding paragraph).  
  IP/N/1/JPN/P/5 
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(5)  In this Law, “designated seeds and seedlings ” means seeds and seedlings (excluding those of 
forest trees) which are designated 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 their sale, in order to  facilitate identification of the quality, and “seed and 
seedling dealer ” means any person engaged in the sale of designated seeds and seedlings in the course 
of business.  
 
(6)  The Minister for Agriculture, Forestry and Fish eries, shall, after having heard the views of the 
Agricultural Materials Council, determine and publicly announce the important characteristics 
referred to in subsection (2) for each of the classe s, specified by the Ordinance of the Ministry of 
Agriculture, Forestry and Fisheries, of ag ricultural, forestry or aquatic plants.  
 
 
Chapter 2.  Variety Registration System  
 
Part 1.  Variety Registration and Application for Variety Registration  
 
(Conditions for Variety Registration)  
Section 3.   
(1)  Any person who has bred  (meaning resulting from  artificial or natural variation) a variety fully 
meeting the requirements set forth below or hi s successor in title (hereinafter referred to as “breeder ”) 
may has registration for the variety (hereinafter referred to as “variety registration ”). 
  (i) the variety is clearly distinguishable, in all or  parts of the characteristi cs, from any other variety 
which has been publicly known in Japan or forei gn countries 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 rema in unchanged after repeated propagation.  
 
(2)   Where the filing of an application for variety re gistration or an equivalent  application in a foreign 
country 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.  
 
 
Section 4. 
(1)  A variety may not be registered, where the denomination of the variety pertaining to the 
application for variety registration (hereinafter referred to as “applied variety ”) falls under any of the 
following cases:  
  (i) where there is applied variety;  
  (ii) where the denomination is identical or sim ilar to a registered trademark pertaining to the seeds 
and seedlings of the applied variety or a register ed trademark pertaining to goods similar to the 
said seeds and seedlings;  
  (iii) where the denomination is identical or similar to a registered trademark pertaining to services 
relating to the seeds and seedlings of the applie d variety or goods similar to the said seeds and 
seedlings; or  
  (iv) where it is likely to cause misunderstanding on th e applied variety or confusion in respect of its 
identification (excluding the cases set forth in the preceding two paragraphs).  
 
(2)  A variety may not be registered when the seeds and seedlings or harvested material of the applied 
variety have been transferred in the course of business, in Japan earlier than one year before the date IP/N/1/JPN/P/5 
Page 4  
 
of application for variety registration, or in a foreig n country 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, for estry or aquatic plant specified by the Ordinance of 
the Ministry of Agriculture, Forestry and Fisheries as a perennial plant).  However, this shall not 
apply where such transfer was made for the purpose of experiment or research, or where such transfer 
was made against the will of the breeder. 
 
 
(Application for Variety Registration)  
Section 5.   
(1)  Any person desiring a variety registration shall submit an application to the Minister for 
Agriculture, Forestry and Fisheri es, in the manner provided by the Ordinance of the Ministry of 
Agriculture, Forestry and Fisheries, stating the following:  
  (i) the name the domicile or residence of the applicant for the variety registration;  
  (ii) the genus or species of the agricultural, forestry or aquatic plants to which the applied variety 
belongs; 
  (iii) the denomination of the applied variety;  
  (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 other 
than the matters in the preceding paragraph.  
 
(2)  The application shall be accompanied by a writt en explanation giving the information specified 
by the Ordinance of the Ministry of Agriculture, Forestry and Fisheries and a photograph of the plant 
of the applied variety, in accordance with the re quirements of the Ordinance of the Ministry of 
Agriculture, Forestry and Fisheries.  
 
(3)  Where two or more persons have bred the variety jointly, they shall file an application for variety 
registration jointly.  
 
 
(Application Fee) 
Section 6.   
(1)  The applicant shall pay an application fee for his application specified by the Ordinance of the 
Ministry of Agriculture, Forestry and Fisheries but not exceeding 47,200 Yen.  
 
(2) The provision of the preceding subsection shall not  be applied where the applicant is the national 
government, including Independent Administrative Agencies designated by Law on General Rules of 
Independent Administrative Corporations (Law No .103 of 1999) Section 2 Subsection 1 that are 
designated by the Cabinet Order to deal with variety breeding activities; this proviso shall apply to the next subsection, Section 38 Subsections  2 and 3, and Section 47 Subsection 2.)  
 
(3)  Notwithstanding the provision of subsection (1), where 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 registration, su ch other person shall pay an amount calculated by 
multiplying the amount of the application fee of the share of such other person.  
 
(4)  Where Yen in the amount of the applicati on fee as calculated under the preceding subsections, 
such a fraction shall be discarded.  
  IP/N/1/JPN/P/5 
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(Transfer of the Title of Applicant)  
Section 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 Fisheries pursuant to the Ordinance of the Ministry of Agriculture, Forestry 
and Fisheries, except in the case of transfer by inheritance or other general succession.  
 
(3)  Where the title of applicant is transferred as a re sult of inheritance or other general succession, the 
successor shall notify, without delay, the Minister fo r Agriculture, Forestry and Fisheries accordingly, 
pursuant to the Ordinance of the Ministry of Agriculture, Forestry and Fisheries.  
 
 
(Variety Bred by an Employee as part of his Duties)  
Section 8.   
(1)  With respect to a variety bred by an employee,  an executive officer of a legal person, or a central 
or local governmental officer (hereinafter referred to as the “employee etc.” ), any contractual 
provision, service regulation or other stipulation prov iding in advance that the employer, legal person, 
or central 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, where the employee etc. has had a variety registered, have the breeder's right  transferred to the employer etc. or establish an 
exclusive exploitation right on the registered variety for him, 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 employee as 
part of his 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 duties and the extent to which the employer etc. contributed to the breeding of 
that variety, where, in accordance with a contract, service regulation or other stipulation, the employer 
etc. files an application with respect to the variet y bred by that employee as part of his duties or has 
the title of applicant transferred to the employer etc., or, where the employee etc. has had a variety registered, has the breeder's right transferred to  the employer etc. or establishes an exclusive 
exploitation right on the registered variety for the employer etc..  
 
(3)  Where an employee etc. or his successor has been granted a variety registration relating to a 
variety bred by himself as part of his duties, hi s employer etc. or his successor shall receive a non-
exclusive exploitation right on the variety concerned.  
 
 
(First-to-file Rule)  
Section 9.   
(1)  Where 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.  
 IP/N/1/JPN/P/5 
Page 6  
 
                                                     (2)  Where an application for variety registration is withdrawn or invalidated, such an application 
shall, for the purpose of the preceding subsection, 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 subsection (1), be deemed not to be  an application for variety registration.  
 
 
(Rights of Foreigners)  
Section 10.   
(1)  A foreigner who has neither domicile nor resi dence (nor establishment, in the case of a legal 
person) in Japan shall not enjoy a breeder's right or any other right related to a breeder's right2, except 
in any one of the following cases:  
  (i) where the State to which the person belongs or the State in which the person has domicile or 
residence (in the case of a legal person, its establishment) 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  October 23, 1978 and on March 19, 1991 
(hereinafter referred to as “Contracting States ”) or member States of intergovernmental 
organizations which are bound by the said C onvention (hereinafter referred to as 
“Intergovernmental Organizations ” and “Contracting States and Intergovernmental 
Organizations ” hereinafter collectively referred to as “ Contracting States etc. ”) 
  (ii) where the State to which the person belong s or the State in which the person has domicile or 
residence (in the case of a legal person, its establishment) is a member State 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 October 23 , 1978 (including the State in relation to 
which Japan is to apply the Convention under the provision of Article 34 (2) of the said 
Convention; hereinafter referred to as “Member States ”) and if the said State provides protection 
for the plant genus or species to which the person's applied variety belongs (excluding the case 
stated in the preceding paragraph).  
  (iii) where the State to which the person belongs  provides Japanese nationals with the protection of 
varieties under the same conditions as for its ow n nationals  (including a State which provides 
such protection for Japanese nationals under the c ondition that Japan allows enjoyment of the 
breeder's right and other rights related to the breeder's right for the nationals of that State ) and if the said State provides protection for the plan t genus or species to which the person's applied 
variety belongs (excluding the cases stated in the preceding two paragraphs).  
 
 
(Right of Priority)  
Section 11.   
(1) Any person listed in either of the paragraphs below may, if the c onditions stated in the paragraphs 
are met, claim the right of priority at the time of application, pursuant to the provisions of the 
Ordinance of the Ministry of Ag riculture, Forestry and Fisheries.  
  (i) a person who has filed an equivalent application or applications for variety registration in a 
Contracting State, an Intergovernmental Organization or a Member State (hereinafter referred to 
as “application in a Contracting State ”) or his successor (the person or his successor must be a 
Japanese national, a person belonging to a Contrac ting State etc. or Member State, or a person 
having a domicile or residence ( in the case of a legal person, its establishment) in Japan, a 
Contracting State etc. or a Member State): where the application for variety registration, on the same variety as the subject of the application in a Contracting State, is filed within one year 
 
2 Translator’s note: “other rights related to the breeder's right” means ex clusive and non-exclusive 
exploitation right, etc.  IP/N/1/JPN/P/5 
 Page 7 
 
 
counting from the day after the filing of the first a pplication in  a Contracting State (hereinafter 
referred to as the “date of application in a Contracting State ”); or 
  (ii) a person who has filed an equivalent applicatio n or applications for variety registration in a State 
provided in paragraph (iii) of the preceding section which allows a Japanese national to claim 
the right of priority under the same conditions  as Japan does (excluding Contracting State and 
Member State; hereinafter referred to as a “Designated State ”) or his successor (the person or 
his successor must be a Japanese national or a person belonging to the Designated State): where the application for variety registration, on the variety as the subject of the application in a 
Designated State, is filed within one year c ounting from the day after the filing of the first 
application in a Designated State (hereinafter referred to as the “ date of application in a 
Designated State ”). 
 
(2)  Where the applicant claims the right of prio rity pursuant to the provisions of the preceding 
subsection, another application for variety registration,  publication, 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 State 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.  
 
 
(Correction of Application for Variety Registration)  
Section 12.   
(1)  The Minister for Agriculture, Forestry and Fisheries may order the application for variety 
registration to be corrected, fixing an adequate time limit, if:  
  (i) the application for variety registration has not complied with the formal re quirements specified in 
this Law or in orders or ordinances there under; or  
 (ii) the applicant does not pay the application fee that should be paid pursuant to the provisions of 
subsection (1) of Section 6.  
 
(2)  The Minister for Agriculture, Forestry and Fi sheries may invalidate the application for variety 
registration, where the person who has been ordered to correct the application for variety registration 
under the provisions of the preceding subsection does not correct it within the time limit fixed pursuant to the provision of the said subsection.  
 
 IP/N/1/JPN/P/5 
Page 8  
 
Part 2.  Publication of Application  
 
(Publication of Application)  
Section 13.  
(1) When an application for variety registration is  received (when a corrected application for variety 
registration is received if, under the provision of subsection (1) of the preceding Section, 
correction of the application for variety regist ration has been ordered,), the Minister for 
Agriculture, Forestry and Fisheries shall publish the application for variety registration without 
delay by publicly announcing   (i) the applicati on 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, fo restry 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) necessary matters other than those mentioned in the preceding paragraphs.  
 
(2) Where the application for variety registration is abandoned, withdrawn or invalidated after the 
publication of the application, or where the application for variety registration is rejected, the Minister 
for Agriculture, Forestry and Fisheries shall publish information to that effect.  
 
 
(Effects, etc. of Publication of Application) 
Section 14  
(1) When the applicant for a variety registration has,  after publication of his application, having given 
a notification in  a written statement setting forth th e particularities of the applied variety, he may 
claim, against a person who exploited in the course of business between the time of the notification and  the registration, that applied variety, a variet y which is, on the basis of its characteristics, not 
clearly distinguishable from that applied variety or a variety to which the provisions of each paragraph of Section 20(2) would apply if \that said applied variety would have been registered, compensation 
equivalent to the amount of money which the appl icant may receive if that applied variety were 
registered.  Even in the absence of the notifica tion, the same rule shall apply to a person who 
exploited in the course of business the applied variety (including a variety which, on the basis of its characteristics, is not clearly distinguishable from the said applied variety or a variety to which the 
provision of each paragraph of S ection 20(2) would appl y if the said applied variety had been 
registered; this proviso shall apply to the other subsecti ons of this Section) before  its registration, if he 
knew that the variety which he exploited was  the ap plied variety in relation to which the  application 
was published.  
 
(2) The right to claim compensation under the preceding subsection ma y not be exercised before the 
registration of the variety.  
 
(3) The exercise of the right to claim compensation under subsection (1) shall not preclude the exercise of the breeder's right. 
 
(4) Where the application for variety registration h as been abandoned, withdrawn or invalidated after 
the publication of the application, or where the app lication for variety registration has been rejected, 
or where the variety registration is revoked pursuant to the provisions of either paragraph (i) or (iv) of 
Section 42(1), or where a decision to revoke the variety registration has become final and conclusive, which upholds the ground for an objection to th e variety registration based on the Administrative 
Appeal Law (Law No. 160 of 1962), or where a judgment to revoke or to confirm nullity of the  IP/N/1/JPN/P/5 
 Page 9 
 
 
variety registration becomes final and conclusive, the right to claim compensation under subsection 
(1) shall be deemed never to have existed .  
 
(5) Section 36 of this Law and Sections 719 and 724 of the Civil Code (Law No. 89 of 1896) shall 
apply mutatis mutandis to the exercise of the right to claim compensation under subsection (1).  In 
such cases, where a person having the right to cl aim 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 iden tify  the person having exploited that variety, “the 
time when the injured party or his legal representa tive became aware of such damage and identified 
the person causing it ” in Section 724 of the said Code shall be replaced by “the date of the variety 
registration. ” 
 
 
Part 3. Examination  
 
(Examination of Applied Variety)  
Section 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 Fisheries shall cause its officers to conduct on-site 
inspections or the Independent Administrative Ag ency National Center for Seeds and Seedlings 
(hereinafter referred to as NCSS) to conduct growi ng tests for examination of the applied variety, 
unless it is found unnecessary to do so for the examination of the applied variety.  
 
(3) The Minister for Agriculture, Forestry an d Fisheries may request relevant governmental 
organizations, educational establishments or other pe rsons deemed to be appropriate, to conduct such 
on-site inspections as mentioned in the preceding subsection.  
 
(4) Items to be checked, examination methods and other requirements for the conduct of the growing 
tests mentioned in Subsection 2 shall be determined by the Ordinance of the Ministry of Agriculture, 
Forestry and Fisheries.  
 
(5) The NCSS may request relevant governmental or ganizations, educational establishments or other 
persons deemed to be appropria te, to conduct such growing tests as mentioned in Subsection 2.  
 
(6) The Minister for Agriculture, Forestry and Fisher ies may issue instructions to the NCSS in relation 
to the conduct of such growing tests as mentione d in Subsection 2 as far as such instructions are 
necessary to ensure the appropriate conduct of the growing tests.  
 
 
(Order to Change Denomination)  
Section 16.  
(1) Where the denomination of the applied variety falls under any of the paragraphs of Section 4(1), the Minister for Agriculture, Forestry and Fisheri es may order the applicant to change it to another 
denomination which does not fall under any of the paragraphs of the said subsection, fixing an 
adequate time limit.  
 IP/N/1/JPN/P/5 
Page 10  
 
(2) Where the denomination, after the publication of application, is changed in accordance with the 
preceding subsection, the Minister for Agriculture, Forestry and Fisheries shall publicly announce 
information to that effect.  
 
 
(Rejection of Application for Variety Registration)  
Section 17.  
(1) The Minister for Agriculture, Forestry and Fi sheries shall reject the application for variety 
registration, in writing, where the applied variety falls under one of the following paragraphs: 
  (i) the applied variety may not be registered in accordance with the provisions of Section3 (1), 
Section 4(2), Section 5(3), Section 9(1) or Section 10; or  
  (ii) the applicant, without good reasons, fails to comply with the order refe rred to in Section 15(1), 
refuses to receive an on-site inspection as referred to in subsection (2) of the said Section or 
fails to comply with the order referred to  in subsection (1) of the preceding Section.  
 
(2) Where the application for variety registration is to be rejected under the provisions of the preceding subsection, the Minister for Agriculture, Forestry and Fisheries shall notify the applicant of 
the reason for the rejection and give him an opportuni ty to submit a statement of his arguments fixing 
an adequate time limit.  
 
 
(Variety Registration) 
Section 18  
(1) The Minister for Agriculture, Forestry and Fisheries shall register the variety unless the 
application for variety registration should be rej ected under the provisions of subsection (1) of the 
preceding Section.  
 
(2) A variety shall be registered in the Register of Plant Varieties in which the following shall be 
entered: 
  (i) the registration number and the date of variety registration;  
  (ii) the genus or species of the agricultural, for estry 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 the person who has the variety registration; and  
  (vii) in addition to the matters mentioned in th e preceding paragraphs, matters prescribed by  the 
Ordinance of the Ministry of Ag riculture, Forestry and Fisheries  
(3) Where a variety has been registered in accordance with the pr ovisions of subsection (1), the 
Minister for Agriculture, Forestry and Fisheri es shall notify the person who has the said variety 
registration accordingly, and publicly announce the matters prescribed by the Ordinance of the 
Ministry of Agriculture, Forestry and Fisheries.  
 
  IP/N/1/JPN/P/5 
 Page 11 
 
 
Part 4.  Breeder 's Right 
 
(Grant and Duration of Breeder' s Right) 
Section 19.  
(1) A breeder's right shall be granted the registration of the variety twenty years (twenty-five years in 
the case of varieties referred to in Section 4(2)) from the date of variety registration.  
 
 
(Effects of Breeder 's Right) 
Section 20.  
(1) The holder of a breeder's right shall have an exclusive right to exploit, in the course of business, 
the variety which is registered (hereinafter referred to as “registered variety ”) and varieties which, on 
the basis of their characteristics, are not clearly distinguishable from th e registered variety.  However, 
where 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 exte nd 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 regi stered variety in ways described in the following 
paragraphs are registered, the breeders of the aforem entioned related varieties wi ll have.  In this case, 
the provisions of the second sentence of the precedi ng subsection 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 the Ministry of Agriculture, Forestry and Fisheries and which are clearly 
distinguishable from the initial registered vari ety on the basis of the characteristics; or  
  (ii) varieties whose production requires the repeated use of  
(3) Where registered variety is bred from a variety 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 prescribed in the Ordinance of the Ministry  of Agriculture, Forestry and Fisheries mentioned 
in paragraph (i) of the preceding subsection, the sai d subsection and subsection (2) of the next Section 
shall be applied by changing the words “the following paragraphs ” to “ paragraph (ii) ” in the said 
subsection and by further changing the words “each paragraph of subsection (2) of the preceding 
Section ” in subsection (2) of the said Section to “paragraph (ii) of subsection (2) of the preceding 
Section. ” 
 
 
(Limitation of the effects of Breeder 's Right) 
Section 21.  
(1) The effects of a breeder's right shall not extend to the following acts:  
  (i) use of the variety for the purpose of breeding new varieties and for other experiment and research 
purposes;  
  (ii) production of seeds and seedlings of the register ed variety, by a person who has a patent for the 
process of breeding the registered variety (including a variety which is, on the basis of the 
characteristics not clearly distinguishable from the registered variety this proviso shall apply 
hereinafter in this subsection) or a person w ho has been granted an exclusive license or non-
exclusive license to use the said patent, by means of the process covered by  the said patent, or 
conditioning, offering for transfer, transferring, exporting, importing or stocking for these 
purposes, of the said seeds and seedlings;  IP/N/1/JPN/P/5 
Page 12  
 
  (iii) production of seeds and seedlings of the regist ered variety after the lapse of the patent referred 
to in the preceding paragraph, by means of  the process covered by the said patent or 
conditioning, offering for transfer, transferring, exporting, importing or stocking for these 
purposes, of the said seeds and seedlings; or  
  (iv) production, offering for transfer or lease,  transferring, leasing, exporting, importing or stocking 
for these purposes, of the harvested material obtained from the seeds and seedlings referred to in the preceding two paragraphs.  
 
 (2) Where farmers as prescribed by the Cabinet Order obtain the seeds and seedlings of a  registered variety, a variety which, on the basis of the characteristics, is not clearly distinguishable from the 
registered variety, or varieties listed in each pa ragraph of subsection (2) of the preceding Section 
related 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 exploitation right, gain harvested material by using the said seeds and 
seedlings, and further use the said harvested materi al as seeds and seedlings for next production cycle 
on their own holdings, the effects of the breeder's right shall not extend to the seeds and seedlings 
used for next production cycle and the harvested material obtained from them, unless  otherwise 
prescribed by contract.  
 
(3) The provisions of the preceding subsection shall not be applied to the use of seeds and seedlings of 
a variety, which belongs to one of the genera and species designated by the Ordinance of the Ministry of Agriculture, Forestry and Fisheries as being propagated vegetatively.  
 
(4) Where seeds and seedlings or harvested material 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 paragraphs of subsection 
(1), the effects of the breeder's right for the said re gistered variety shall not extend to the exploitation 
of the transferred seeds and seedlings or harvested ma terial.  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 which 
the said registered variety belongs nor to the exporta tion of harvested material to the said State for a 
purpose other than final consumption.  
 
 
(Obligation of Using Denomination, etc.)  
Section 22.  
(1) Where seeds and seedlings of a registered vari ety (including a variety whose registration has 
already expired: this proviso shall apply to the ot her subsections of this Section) are offered for 
transfer or are transferred in the course of busin ess, the denomination of the said registered variety 
(where the denomination has be en changed pursuant to the provisions of Section 41(2), the 
denomination as changed) shall be used.  
 
(2) Where seeds and seedlings of a variety being othe r than a registered variety but belonging to the 
same genus or species of the agricultural, forestry 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 business, the denomination of the said registered variety may not be 
used. 
 
  IP/N/1/JPN/P/5 
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(Joint Holdership of Breeder 's Right) 
Section 23.  
(1) Each of the joint holders of a breeder's right may neither transfer his share nor grant a pledge upon 
it without the consent of the other joint holders.  
 
(2) Each of the joint holders of a breeder's right may, unless otherwise prescribed by contract, exploit 
the registered variety etc. without the consent of the other joint holders.  
 
(3) Each of the joint holders of a breeder's right may grant holders.  
 
 
(Termination of Breeder 's Right due to Dissolution of Legal Person)  
Section 24.  
A breeder's right shall be terminated where:  
  (i) a legal person holding a breeder's right disso lves, and the breeder's right should vest in the 
national treasury pursuant to the provisions of S ection 72(3) of the Civil Code or equivalent 
laws; or 
  (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 Section 959 of the Civil Code.  
 
 
(Exclusive Exploitation Right) 
Section 25.  
(1) The holder of a breeder's right may grant an exclusive exploitation right on his 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 business to the extent laid down in the contract.  
 
(3) An exclusive exploitation right may be transferred 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 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 of Section 23 shall apply mutatis mutandis to exclusive exploitation rights.  
 
 
(Non-exclusive Exploitation Right)  
Section 26.  
(1) The holder of a breeder's right may grant a non-exclusive exploitation right on his 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 business to the extent prescribed in this Law or laid down by contract.  
 
 IP/N/1/JPN/P/5 
Page 14  
 
(Non-exclusive Exploitation Right by virtue of Prior Breeding)  
Section 27.  
A person who has bred, earlier than the breeder of a registered variety, a variety that, on the 
basis of the characteristics, is  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.  
 
 
(Arbitration) 
Section 28.  
(1) Where a registered variety etc.  has not been adequately exploited continuously during more than a 
period of two years 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 said registered variety etc. in the 
course of business may request the holder of the br eeder's right or the holder of an exclusive 
exploitation right on the said registered variety to  hold consultations concerning the grant of a non-
exclusive exploitation right thereon.  
 
(2) Where the consultations referred to in the preced ing subsection have not reached an agreement or 
if the consultation cannot take place, the person prescr ibed in the said subsection may ask the Minister 
for Agriculture, Forestry and Fisheries for an arbitration decision.  
 
(3) Where a request for arbitration has been made in accordance with the preceding subsection, 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 accordingly and shall give them an opportunity to express their 
opinions, fixing an adequate time limit.  
 
(4) Unless it is especially necessary for the reason of public interest to exploit a registered variety etc., the Minister for Agriculture, Forestry and Fisheri es may not render an arbitration decision ordering a 
non-exclusive exploitation right to be granted where there is any good reason why the registered 
variety etc. has not been exploited adequately.  
 
(5) Before rendering an arbitration decision under subsection (2), the Minister for Agriculture, 
Forestry and Fisheries shall hear the vi ews of the Agricultural Materials Council.  
 
(6) An arbitration decision ordering a non-exclusive e xploitation right 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) Where an arbitration decision is taken in ac cordance with subsection (2), 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) Where the arbitration decision as provided for in  subsection (6) has been notified to the parties 
pursuant to the preceding subsection, an agreement shall be deemed to have been reached between the 
parties concerned as provided in the arbitration decision.  
 
  IP/N/1/JPN/P/5 
 Page 15 
 
 
(Transfer, etc. of Non-exclusive Exploitation Right)  
Section 29.  
(1) A non-exclusive exploitation right, with the excepti on of such as is granted by an arbitration under 
subsection (2) of the preceding Section, may be transferred together with the business in which the 
variety is exploited, only with the consent of the holder of the breeder's right (in the case of a non-exclusive exploitation right on an exclusive exploitatio n right, the holder of the breeder's right and the 
holder of that exclusive exploitation right; this prov iso shall apply also in the next subsection), or 
inheritance or other general succession.  
 
(2) The holder of a non-exclusive exploitation right,  with the exception of such as is granted by 
arbitration under subsection (2) of the preceding Section, may grant 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 gran ted by arbitration under subsection (2) of the 
preceding Section may be transferred only together wi th the business in which the variety is exploited.  
 
(4) Subsections (1) and (2) of Section 23 shall apply mutatis mutandis to non-exclusive exploitation 
rights. 
 
 
(Pledge) 
Section 30.  
(1) Where a breeder's right or an exclusive or non-exclusive exploitation right is the subject of a pledge, the pledgee may not exploit the said regist ered variety etc. unless prescribed by contract.  
 
(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 consideration 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 Breeder' s Right, etc.)  
Section 31.  
(1) Where there is a holder of an exclusive explo itation right, a pledgee or a holder of non-exclusive 
exploitation right referred to in Sections 8(3), 25(4) or 26(1) in relation to a breeder's right, the holder 
of the breeder's right may surrender his breeder's right only with the consents of such persons.  
 
(2) Where there is a pledgee or a holder of a non-exclusive exploitation right referred to in Section 
25(4) in relation to an exclusive exploitation right, the holder of the exclusive exploitation right may surrender his exclusive exploitation right onl y with the consents of such persons.  
 
(3) Where there is a pledgee in relation to a non-exclusive exploitation right, the holder of the non-exclusive exploitation right may surrender his non-excl usive exploitation right only with the pledgee's 
consent. 
 IP/N/1/JPN/P/5 
Page 16  
 
 
(Effects of Registration)  
Section 32.  
(1) The following shall have no legal effect unless they are registered:  
  (i) the transfer (other than by inheritance or other general succession), te rmination by surrender or 
restrictions on the disposal of a breeder's right;  
  (ii) the grant, transfer (other than by inhe ritance or other general succession), modification or 
termination (except as a result of merger or termin ation of the breeder's right), or restriction on 
the disposal, of an exclusive exploitation right, or  
  (iii) the grant, transfer (other than by inhe ritance or other general succession), modification or 
termination (except as a result of merger or termination 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 the preceding subsection shall be notified to 
the Minister for Agriculture, Forestry and Fisheries without delay in the manner prescribed by the Ordinance of the Ministry of Ag riculture, Forestry and Fisheries.  
 
(3) Once a non-exclusive exploitation right on a breeder's right or an exclusive right has been 
registered, it shall also be effective against anyone  subsequently acquiring the breeder's right or the 
exclusive exploitation right, or against anyone s ubsequently being granted an exclusive exploitation 
right on the breeder's right. 
 
(4) A non-exclusive exploitation right referred to in Section 8(3) or Section 27 shall have the same 
effects as described in the preceding subsection without registration.  
 
(5) The transfer, modification, termination or r estriction on the disposal of a non-exclusive 
exploitation right or the grant, transfer, modificati on, termination or restriction on the disposal of a 
pledge on a non-exclusive exploitation right shall not be effective against any third party unless it is 
registered. 
 
 
Part 5.  Infringement  
 
(Injunction)  
Section 33.  
(1) The holder of a breeder's right or the holder of an exclusive exploitation right may require a person 
who is infringing or is likely to infringe his 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 in accordance to the preceding subsection may demand the destruction on which the act of 
infringement was committed, or the objects used for the act of infringement, or other measures 
necessary to prevent the infringement.  
 
 
(Presumption, etc. of Amount of Damage)  
Section 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 breeder's right or exclusive exploitation right,  IP/N/1/JPN/P/5 
 Page 17 
 
 
compensation for damage 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 damage 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 br eeder'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 damage suffered by him.  
 
(3) The preceding subsection shall not preclude a cl aim to damages exceedi ng the amount referred to 
in the said subsection.  In such  cases, where the infringer of the br eeder's right or the exclusive 
exploitation right had neither intention nor gross negligence  
 
 
(Presumption of Negligence)  
Section 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)  
Section 36.  
In litigation relating to the infringement of a breeder's right or exclusive exploitation right, the court may, upon the request of a party, order the other party to submit documents necessary for the 
assessment of the damage caused by the said infringement.  However, this provision shall not apply when the person possessing the documents has legitimate s for refusing their submission.  
 
 
(Measures for Recovery of Reputation)  
Section 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 of 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 explo itation right intentionally or negligently, to take 
necessary measures for the recovery of the business reputation.  
 
 IP/N/1/JPN/P/5 
Page 18  
 
Part 6.  Maintenance and Revocation of Variety Registration  
 
(Registration Fee) 
Section 38.  
(1) The holder of a breeder's right shall pay a registration 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 Section 19(2).  
 
(2) The provision of the preceding subsection shall not be applied where the holder of a breeder's right is the national government.  
 
(3) Notwithstanding the provisions of subsection (1), 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 calculated by multiply ing the amount of the registration fee by the 
percentage of the share of such other person.  
 
(4) Where there is any fraction less than 10 yen in the amount of the registration fee as calculated under the preceding subsection, such a fraction shall be discarded.  
 
(5) The registration fee for the first year referred to in subsection (1) shall be paid within 30 days from 
the date of public announcement in accord ance with the provisions of Section 18(3).  
 
(6) The registration fee for the second year and subsequent years referred to in subsection (1) shall be 
paid in the previous year or earlier. 
 
(7) Where the registration fee has not been paid within the time limit provided in the preceding 
subsection, the fee may be paid s from the expiration of the time limit.  
 
(8) The holder of a breeder's right who in accordance with the provisions of the preceding subsection shall pay, in addition to the registration fee to be paid under the provision of subsection (1), a 
surcharge of the same amount as the registration fee. 
 
 
(Payment of Registration Fee by Interested Parties)  
Section 39.  
(1) An interested party may pay the registration fee even against the will of the holder of the breeder's 
right. 
 
(2) The interested party who has paid the regist ration fee in accordance with the provisions of the 
preceding subsection may claim reimbursement of the e xpenditure to the extent that the holder of the 
breeder's right is actually making a profit.  
 
 
(Examination of Registered Variety)  
Section 40.  
(1) The Minister for Agriculture, Forestry 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, where it is found necessary to examin e whether the characteristics of the registered 
variety are maintained.   IP/N/1/JPN/P/5 
 Page 19 
 
 
 
(2) The Minister for Agriculture, Forestry and Fisheries shall cause its officers to conduct on-site 
inspections or cause the NCSS to conduct growing tests in accordance with the provisions of the preceding subsection.  
 
(3) The provisions of Subsections (3) to (6) of Sections 15 shall be applied mutatis mutandis to the on-site inspections or growing tests referred to in the preceding subsection.  
 
 
(Change of Denomination of Registered Variety)  
Section 41.  
(1) Where it is found that a denomination of a regist ered variety falls under any of the provisions of 
paragraphs (ii) through (iv) of the Section 4(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 paragraphs of  the said subsection, by fixing an adequate time 
limit. 
 
(2) Where a denomination falling under none of the pa ragraphs of Section 4(1) has been submitted 
pursuant to the provisions of the preceding subsection, the Minister for Agriculture, Forestry and Fisheries shall change the denomination of the said registered variety to the submitted denomination by entering it in the Register of Plant Varieties.  
 
(3) Where the Minister for Agriculture, Forestry  and Fisheries changes the denomination of a 
registered variety in accordance with the precedi ng subsection, he shall notify the holder of the 
breeder's right of the said registered variety an d publicly announce information to that effect.  
 
(Revocation of Variety Registration)  
Section 42.  
(1) The Minister for Agriculture, Forestry and Fisher ies shall revoke a variety registration in any one 
of the following cases:  
  (i) where it has turned out that the variety was registered in violation of the provisions of Section 
3(1), 4(2), 5(3), 9(1) or 10;  
  (ii) where it has turned out that, after the variety registration, the registered variety no longer satisfies 
the requirements listed in paragraph (ii) or (iii) of Section 3(1);  
  (iii) where, after the variety registration, the holder of the breeder's right has become a person who 
shall not enjoy a breeder's right pursuant to the provisions of Section 10;  
  (iv) where the registration fee for the first year is not paid within the period prescribed in Section 
38(5); 
  (v) where the registration fee and the surcharge ar e not paid within the period prescribed in Section 
38(7); 
  (vi) where the person who was ordered to subm it material in accordance with the provisions of 
Section 40(1) fails to comply with the order without good reasons; or  
  (vii) where the person who was ordered to submit another denomination of the registered variety in 
accordance with the provisions of subsection (1) of the preceding Section fails to comply with 
the order without good reasons.  
 
(2) A hearing pertaining to the revocation of a va riety registration in accordance with any of the 
provisions of paragraphs (i) through (iii), (vi) or  (vii) of the preceding subsection shall be held upon 
giving sufficient notice to the holder of an exclusive exploitation right or any other right registered in relation to the breeder's right relating to the said variety registration.  IP/N/1/JPN/P/5 
Page 20  
 
 
(3) Where the person referred to in the preceding sub section requests to participate in the said hearing 
pursuant to the provisions of Section 17(1) of the Administrative Procedure Law (Law No. 88 of 
1993), the chairperson of the hearing referred to in the preceding subsection shall permit him to do so.  
 
(4) Where the variety registration has been revoked pursuant to the provisions of subsection (1), the 
breeder's right shall be terminated at the time of  revocation.  However, in the case of any of the 
following paragraphs, the breeder's right shall be de emed to have been terminated retroactively from 
the time specified in each of the said paragraphs.  
  (i) the case falling under paragraph (i) or (iv) of  subsection (1): the time of variety registration;  
  (ii) the case falling under paragra ph (iii) of subsection (1): the tim e when the said paragraph became 
applicable; or  
  (iii) the case falling under paragraph (v) of s ubsection (1): the time when the time provided in 
Section 38(6) has passed.  
 
(5) Where the variety registration has been revoked pursuant to the provisions of subsection (1), the 
Minister for Agriculture, Forestry and Fisheries shal l notify the holder of the breeder's right pertaining 
to the said variety registration and publicly announce information to that effect.  
 
(6) With respect to the revocation of a variety regist ration under the provisions of paragraph (iv) or (v) 
of subsection (1), the provisions of Chapter 3 (e xcluding Sections 12 and 14) of the Administrative 
Procedure Law shall not be applied.  
 
 
Part 7.  Miscellaneous  
 
(Jurisdiction for a Resident Abroad)  
Section 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 establishment, in  the case of a legal person) in Japan, the location 
of the Ministry of Agriculture, Forestry and Fisher ies shall be deemed to be the location of property 
under paragraph (iv), Section 5 of the Code  of Civil Procedure (Law No. 109 of 1996).  
 
 
(Special Provisions for Objection)  
Section 44.  
(1) The provision of Section 45 of the Administrative Appeal Law shall not be applied to an objection 
to a variety registration and, notwithstanding the provision of Section 48 of the said Law, the 
provision of Section 14(3) of the said Law shall not be applied.  
 
(2) The hearing of an objection to a variety regi stration pursuant to the Administrative Appeal Law 
shall be held upon giving sufficient notice before the h earing, to the holder of the breeder's right or of 
an exclusive exploitation right or other persons wh o have rights registered in relation to the said 
variety registration.  
 
(3) Where a person who received the notice under the provisions of the preceding subsection requests to participate in the said objection, the Minister for Agriculture, Forestry and Fisheries shall permit 
him to do so.  
 
  IP/N/1/JPN/P/5 
 Page 21 
 
 
(Registration, etc. in the Register of Plant Varieties)  
Section 45.  
(1) The following matters shall be registered in the Re gister of Plant Varieties kept in the Ministry of 
Agriculture, Forestry and Fisheries:  
  (i) the grant, transfer, termination or r estriction on the disposal, of a breeder's right;  
  (ii) the grant, preservation, transfer, modification,  termination or restriction on the disposal, of an 
exclusive exploitation right or of a non-exclusive exploitation right; or  
  (iii) the grant, transfer, modification, termination 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 the matters provided in this La w, any matter necessary for variety registration and 
the Register of Plant Varieties shall be provided by the Ordinance of the Ministry of Agriculture, 
Forestry and Fisheries.  
 
 
(Request for Certification, etc.) 
Section 46.  
(1) Anyone may request any of the following from the Minister for Agriculture, Forestry and 
Fisheries in the manner provided by the Ordinance of the Ministry of Agriculture, Forestry and 
Fisheries:  
  (i) certification relating to an application fo r variety registration or a registered variety;  
  (ii) issue of an exemplified copy or extract of the Register of Plant Varieties or  
  (iii) inspection or copying of the Register of Plant Varieties or an appli cation filed in accordance 
with Section 5(1), photograph(s) or other materi al attached thereto (excluding those which the 
Minister for Agriculture, Forestry and Fisheries considers necessary to be kept confidential).  
 
(2) Rules of Law Concerning Access to Information Held by Administrative Organs (Law No. 42 of 
2001) shall not be applied to the Register of Plant Varieties, nor to applications as referred to in 
Section 5(1) nor to  photographs or related material attached thereto (referred to in the next subsection 
as “the Register of Plant Varieties, etc.”  
 
 (3) With regard to data entered into the Register  of Plant Varieties etc. pertaining to information on 
individual natural persons possessed by administrative organs (as defined in Article 2(3) of the Law 
on the Protection of Information on Individual Na tural Persons Possessed by Administrative Organs 
(Law No. 59 of 2003), the provisions of Chap ter 4 of the said Law shall not be applied.  
 
(note: Section 46 (3) is not yet implemented as of end of August 2004)  
 
 
(Fees) 
Section 47.  
(1) The person filing a request under the provisions of the preceding Section shall pay the fee corresponding to an amount to be prescribed by the Or dinance of the Ministry of Agriculture, Forestry 
and Fisheries in consideration of the actual costs.  
 
(2) The provisions of the preceding subsection shall not be applied where the person who should pay 
the fee under the provision of the said subsection is the Government.  
 IP/N/1/JPN/P/5 
Page 22  
 
 
(Effects of Convention)  
Section 48.  
Where 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 Dealer)  
Section 49.  
(1) A seed and seedling dealer shall notify the Minister  for Agriculture, Forestry and Fisheries of the 
following information, in the manner provided by the Ordinance of the Ministry of Agriculture, 
Forestry and Fisheries. This provision, however, shall not apply to those seed and seedling dealers specified by the Ordinance of the Ministry of Agriculture, Forestry and Fisheries.  
  (i) the name and the address of the dealer;  
  (ii) the kind of designated seeds and seedlings which the dealer handles; and  
  (iii) other information specified by the Ordina nce of the Ministry of Agriculture, Forestry and 
Fisheries.  
 
(2) The preceding subsection shall apply mutatis mu tandis where there has been any change in the 
information referred to in the said subsection.  
 
(3) The notification referred to in the two preceding subsections shall be due, where trading has been newly commenced, within two weeks after the comme ncement, and where there has been any change 
in the information referred to in subsection (1), within two weeks after such change.  
 
 
(Labeling of Designated Seeds and Seedlings)  
Section 50.  
(1) Designated seeds and seedlings may not be sold  unless the package is furnished with a label 
containing the following information with a voucher s howing the said information has been attached.  
This provision, however, shall not apply where the in formation referred to in paragraphs (i) through 
(iv) and (vi) pertaining to designated seeds and seedlings is 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 address of the seed and seedling dealer providing the information;  
  (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 information specified by the Ordi nance of the Ministry of Agriculture, Forestry and 
Fisheries.  
 
(2) The information referred to in paragraph (iii) of the preceding subsection shall be shown, in the 
case of a domestic product, by stating the prefecture in which the said place of the production is  IP/N/1/JPN/P/5 
 Page 23 
 
 
located, and, in the case of a foreign product, by st ating the country in which the said place of the 
production is located.  
 
(3) In addition to the two preceding subsections, with regard to certain designated seeds and seedlings for which labeling is deemed necessary for users 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 informatio n to be shown for identification and any other 
standard relating to the said labeling, with wh ich 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 by the provisions of the preceding subsection, issue to the seed and seedling dealer an advice concerning the standards be complied with.  
 
 
(Order relating to Designated Seeds and Seedlings) 
Section 51.  
(1) The Minister for Agriculture, Forestry and Fisheries may order any seed and seedling dealer who has violated the provisions of subsections (1) and (2) of the preceding Section to indicate the 
information referred to in each of the paragraphs of subsection (1) of the said Section or to change the contents of the indicated information, or may prohibit the sale of the designated seeds and seedlings 
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 reminder issu ed in accordance with the provisions of subsection (4) of the 
preceding Section, order that seed and seedling d ealer to comply with the standards set out under 
subsection (3) of the said Section, fixing a time limit.  
 
 
(Standards relating to the Production, etc. of Designated Seeds and Seedlings)  
Section 52.  
(1) The Minister for Agriculture, Forestry and Fisher ies 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, conditioning, st ocking or packaging, of the said designated seeds 
and seedlings, that should be complied with by persons producing the said seeds and seedlings in the course of business 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 busin ess or a seed and seedling dealer fails to comply 
with the standards prescribed under the provisions of the preceding subsection, issue to such a person a reminder  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 bus iness or any seed and seedling dealer fails to 
comply with the reminder referred to in the precedi ng subsection, publish the fact of non-compliance.  
 
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(Collection of Designated Seeds and Seedlings)  
Section 53.  
(1) The Minister for Agriculture, Forestry and Fish eries may cause his officers to collect from seed 
and seedling dealers such quantities of designated seed s and seedlings as are necessary for inspection.  
However, compensation equivalent to  the market value shall be paid.  
 
(2) In the case of the preceding subsection, such o fficers shall, when a seed and seedling dealer so 
requests, show a certificate to identify his official status.  
 
 
(Collection of Designated Seeds and Seedlings done by the NCSS or the National Livestock 
Breeding Center) 
Section 53.2. 
(1) The Minister for Agriculture, Forestry and Fisheries may cause the NCSS or the Independent 
Administrative Corporation National Livestock Breeding Center (hereinafter referred to as “NLBC ”) 
to collect from seed and seedling dealers such quantities of designated seeds and seedlings as are 
necessary for inspection.  However, compensation eq uivalent 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 if the collection based on the provisions of 
the preceding subsection is done by the NCSS or the NLBC. 
 
(3) The NCSS or the NLBC, having conducted the collection referred to in Subsection 1 in 
accordance with an instruction referred to in the pr eceding subsection, shall report the result of the 
inspection to the Minister of Agriculture, Forestry and Fisheries according to the rules set out in the 
Ordinance of the Ministry of Agri culture, Forestry and Fisheries.  
 
(4) In the case of Subsection 1, officials of the NCSS or the NLBC performing the collection in 
accordance to the provisions of Subsection 1 shall show a certificate to identify his status if seed and 
seedling dealers so require.  
 
 
(Orders to the NCSS or the NLBC)  
Section 53.3. 
The Minister for Agriculture, Forestry and Fisher ies may issue orders to the NCSS or the NLBC in 
relation to the collection referred to in Subsectio n 1 of the preceding section if such orders are 
appropriate to ensure an appropriate implementation of the collection.  
 
 
(Submission of Reports, etc.)  
Section 54.  
The Minister for Agriculture, Forestry and Fisheries may, within such limits as are necessary for the 
enforcement of this Law, order seed and seedling deal ers to submit reports relating to their operations 
or to submit ledgers and other documents.  
 
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(Delegation of Authority)  
Section 55.  
(1) Part of the authority of the Minister for Agri culture, Forestry and Fisheries under the provisions of 
Sections 50(4), 51, 52(2) and (3), 53 and the preceding Section may be delegated to Prefectural 
Governors in the manner provided by the Cabinet Order.  
 
(2) Part of the authority of the Ministry for Agricu lture, Forestry and Fisheries set out in this Chapter 
may be entrusted to the Regional Agricultura l Administration Offices in accordance with the 
Ordinance of the Ministry of Ag riculture, Forestry and Fisheries.  
 
 
Chapter 4.  Penal Provisions  
Section 56.  
Any person who falls under either of  the paragraphs below shall be liable to imprisonment with labor 
not exceeding three years or to a fine not exceeding 3,000,000 yen.  
  (i) a person who has infringed a breeder's right or an exclusive exploitation right by committing the 
acts listed in paragraph 1 of Section 2(4)  
  (ii) a person who, without an agreement of the hold er of the plant breeder's right or the holder of the 
exclusive exploitation license, has produced, offered for transfer or lease, transferred, leased, 
exported, imported or stocked for the purpose of these acts in the course of business, the harvested material obtained through using seeds and seedlings which composed infringement of 
a breeder's right or an exclusive exploitation right.  
 
 
Section 57.  
Any person who has obtained a variety registration by means of a fraudulent act shall be liable to 
imprisonment with labor not exceeding one year or to a fine not exceeding 1,000,000 yen.  
 
 
Section 58.  
Any person who falls under either of  the paragraphs below shall be liable to a fine not exceeding 
500,000 yen.  
  (i) a person who has sold designated seeds and seedlings with false labeling concerning the 
information to be shown in accordance with the pr ovisions of subsections (1) and (2) of Section 
50; or 
  (ii) a person who has sold designated seeds and seedlings in violation of the disposition laid down in 
accordance with the provisions of Section 51(1) or (2).  
 
 
Section 59.  
Any person who falls under any of the paragraphs below shall be liable to a fine not exceeding 
300,000 yen.  
  (i) a person who failed to notify under the provisions of Section 49 or made false notification;  
  (ii) a person who, without good reasons, has re fused, obstructed or evaded collection under Section 
53(1) or Section 53-2(1); or  
  (iii) a person who failed to submit a report or document specified in accordance with the provision of 
Section 54 or submitted a false report or document.  
 
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Section 60.  
Where a representative of a legal person, or an agen t, a servant or any other employee of a legal or 
natural person has committed an act of violation falling under any of the paragraphs below with 
regard to the business of that legal or natural pers on, not only shall the offender be punished but also 
that legal person shall be fined as prescribed in th e following paragraphs or a natural person shall be 
fined as prescribed in any of these Sections.  
  (i) Section 56: fine not exceeding 100,000,000 yen;  
  (ii) Section 57, 58 or paragraph (i) or (iii) of th e preceding Section: fine prescribed in any of these 
Sections. 
 
 
Section 61.  
If the NCSS or the NLBC violated the order prescrib ed in Section 15 Subsec tion 6 (including cases 
stated in Section 40 Subsection 3) or Section 53- 3, members of the executive organ that conducted 
violation shall be liable to an administrative penalty not exceeding 200,000 yen.  
 
 
Section 62.  
Any person who violated the provisions of Section 22 shall be liable to an administrative penalty not 
exceeding 100,000 yen.  
 
 
Supplementary Provisions (extract)  
 
(The Date of Entering into Force) 
Section 1. 
This Law shall enter into force on the day when the International Convention for the Protection of 
New Varieties of Plants of December 2, 1961,  as revised at Geneva on November 10, 1972, on 
October 23, 1978, and on March 19, 1991, becomes e ffective for Japan. However, the provision of the 
next Section shall enter into force on th e day of the promulgation of this Law.  
 
(Special Provision for Hearing Views of the Agricultural Materials Council)  
Section 2. 
Concerning the designation of the important characteristics as provided in Section 2(6) of the Seeds 
and Seedlings Law as revised (hereinafter referred to as “the New Law ”), the Minister for Agriculture, 
Forestry and Fisheries may hear views of the Agricultural Materials Council even before the entry 
into force of the New Law.  
 
(Transitional Provisions for Application under the Provisions of the Old Law)  
Section 3. 
 
(1) Concerning a variety for which an application for variety registration has been made under the provision of Section 7(1) of the Seeds and Seedlings  Law before the revision (hereinafter referred to 
as “the Old Law ”), the said application is deemed, at the tim e of the entry into force of the New Law, 
to have been filed on its actual  filing date under Section 5(1) of  the New Law.  In this case, “ earlier 
than one year before the date of application for variety registration ” in Section 4(2) of the New Law 
shall  read as “ earlier than the date of application for variety registration ”; “When an application for 
variety registration is received ” in Section 13(1) of the New Law shall read as “When this Law enters  IP/N/1/JPN/P/5 
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into force ”; “where ” in Section 17(1) of the New Law as “where the applied variety is not a variety 
belonging to the genus and species of the agricultural, forestry and aquatic plants provided in Section 
1-2(1) of the Seeds and Seedlings Law (Law No. 115 of 1947) or where. ” 
 
(2) The Minister for Agriculture, Forestry and Fisher ies may, to the extent deemed to be necessary for 
the application of the New Law, order the applicant of a variety, for which an application for variety 
registration is deemed to have been made under Section 5(1) of the New Law by virtue of the 
provision of the preceding subsection, to correct the contents of the application for variety 
registration, fixing an adequate time limit.  In this case, “the preceding subsection”  in Section 12(2) of 
the New Law shall be read as “ Section 3(2) of the Supplementary Provisions ” and “When an 
application for variety registration is received (w here, under the provision of subsection (1) of the 
preceding Section ” in Section 13(1), as “ When this Law enters into force (where, under the provision 
of Section 3(2) of the Supplementary Provisions. ” 
 
(Transitional Provisions for Variety Regist ration under the Provisions of the Old Law)  
Section 4. 
 
(1) For a variety which remains registered under the provision of Section 12-4(1) of the Old Law at 
the time of the entry into force of the New Law, and for which the duration under subsection (2) of the said Section has not expired, a breeder's right under the provision of Section 19(1) of the New Law is deemed to be granted for the variety at the time of the entry into force of the New Law and remains in 
force until the expiry of the said duration.  In this case, “for each year until the expiration of the 
duration as provided for in Section 19(2) ” in Section 38(1) of the New Law shall be read as “for each 
year until the expiration of the duration as provided for in Section 12-4(2) of the Seeds and Seedlings 
Law (Law No. 115 of 1947). ” 
 
(2) Concerning a variety for which a breeder's right  is deemed to have been granted under the 
provisions of the preceding subsection, the employ er etc. or his general successor, who fell under 
paragraph 7 of Section 12-5(2) of the Old Law, shall be deemed, at the time of the entry into force of 
the New Law, to have a non-exclusive exploitation right set out under the provisions of Section 8(3) 
of the New Law.  
 
(3) Concerning a variety for which a breeder's right is  deemed to be granted under the provisions of 
subsection (1), an authorization under paragraph 1 of  Section 12-5(2) of the Old Law, which remains 
valid at the time of the entry into force of this La w, shall be deemed to be  a non-exclusive exploitation 
right granted under the provisions of Section 26(1) of the New Law.  
 
(Transitional Provisions concerning Variety Denomination)  
Section 5. 
 
(1) For varieties for which applications for variety registration were made or variety registration made 
under the provision of Section 7(1) of the Old Law be fore the entry into force of the Amendments to 
the Trademark Law (Law No. 65 of 1991), and whic h are deemed to have been filed under Section 
5(1) of the New Law by virtue of the provision of Section 3(1) of the Supplementary Provisions, “any 
of the following cases ” in Section 4(1) of the New Law shall read as “paragraph (i), (ii) or (iv) ”; “any 
of the paragraphs of Section 4(1) ” in Section 16(1) of the New Law shall read as “paragraph (i), (ii) or 
(iv) of Section 4(1) ” and “any of paragraphs (ii) th rough (iv) of Section 4(1) ” in Section 41(1) of the 
New Law shall read as “paragraph (ii) or (iv) of Section 4(1). ” 
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(2) For varieties for which applications for variet y registration were made under the provisions of 
Section 7(1) of the Old Law before the entry into  force of the Amendments to the Trademark Law, 
and for which the breeder's rights are deemed to be granted by virtue of the provisions of subsection 
(1) of the preceding Section, “any of paragraphs (ii) through (iv) of Section 4(1) ” in Section 41(1) of 
the New Law shall be read as “paragraph (ii) or (iv) of Section 4(1). ” 
 
(3) Where a trademark indicating a denomination of a variety, to which one of the two preceding 
subsections is applied, is used in association with seeds and seedlings of the said variety, notwithstanding the provision of Section 37 of the Trademark Law (Law No. 127 of 1959) revised by the Amendments to the Trademark Law, the former la w shall still be applied.  However, this provision 
shall not be applied when a variety to which the pr ovisions of subsection (1) are applicable is finally 
not registered.  
 
(Transitional Provisions for Varieties Bred before Entry into Force)  
Section 6. 
 
(1) To a variety falling under paragraph (i) of Sec tion 20(2) of the New Law and which has been bred 
before the entry into force of the New Law, notwithstanding the provisions of the said subsection, the 
right of the holder of the breeder's right under the said subsection shall not be extended.  
 
(2) Concerning the variety to which the provision of  the preceding subsection is applicable and falling 
under paragraph (i) of Section 20(2) of the New La w, notwithstanding the provision of Section 14(1) 
of the New Law, payment of compensation for its exploitation may not be claimed.  
 
(Transitional Provisions for Farmers)  
Section 7. 
For  farmers as prescribed by the Cabinet Order refe rred to in Section 21(2) of the New Law and who 
are engaged in agriculture using seeds and seedlings of a  registered variety etc. at the time of the 
entry into force of the New Law, the provision of th e said subsection shall be applied, it being deemed 
that the said seeds and seedlings of the registered va riety etc. have been transferred by the holder of a 
breeder's right, of an exclusive exploitation right or of a non-exclusive exploitation right, or with his 
consent. 
 
(Transitional Provisions for Registration Fee) 
Section 8. 
 
(1) The registration fee for each year paid in accord ance with the provisions of Section 12-12(2) of the 
Old Law before the entry into force of the New Law shall be deemed as having been paid in 
accordance with the provisions of Section 38(1) of the New Law.  
 
(2) Concerning the registration fee for the first year pertaining to a  variety which has been registered 
under the provision of Section 12-4(1) of the Old La w before the entry into force of the New Law but 
for which the period provided in Section 12-12(4) of  the Old Law has not passed at the time of the 
entry into force of the New Law, notwithstanding th e provision of Section 38(1) of the New Law, the 
former laws shall still be applied.  
 
(Transitional Provisions for Designated Seeds and Seedlings)  
Section 9. 
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(1) Those seeds and seedlings, which have been designated by the Minister for Agriculture, Forestry 
and Fisheries in accordance with the provisions of S ection 1-2(2) of the Old Law at the time of the 
entry into force of the New Law, shall be deem ed to remain designated by the Minister for 
Agriculture, Forestry and Fisheries in accordance with the provisions of Section 2(5) of the New Law. 
 
(2) Those seed and seedling dealers who have made notifications under the provision of Subsection (1) and (2) of Section 2 of the Old Law before th e entry into force of the New Law (including seed 
and seedling dealers who are deemed to have made notifications under the provision of subsection (1) and (2) of Section 2 of the Old Law by virtue of the provisions of Section 3 of the Supplementary Provisions of the Amendments to the Agricultural Seeds and Seedlings Law (Law No. 89 of 1978)) 
shall be deemed to have made notifications under Subsection (1) a nd (2) of Section 49 of the New 
Law. 
 
(3) The standards which have been prescribed under the provisions of Section 3(3) of the Old Law at 
the time of the entry into force of the New Law sh all be deemed to be the standards prescribed under 
the provisions of Section 50(3) of the New Law.  
 
(4) A reminder issued under the provisions of Section 3(4) of the Old Law before the entry into force 
of the New Law shall be deemed to be a reminder issued under the provisions of Section 50(4) of the 
New Law.  
 
(5) The standards which have been prescribed under the provisions of Section 5(1) of the Old Law at 
the time of the entry into force of the New Law sh all be deemed to be the standards prescribed under 
the provisions of Section 52(1) of the New Law.  
 
(6) A reminder issued under the provisions of Section 5(2) of the Old Law before the entry into force 
of the New Law shall be deemed to be a reminder issued under the provisions of Section 52(2) of the 
New Law.  
 
(Transitional Provisions for Application of Penal Provisions)  
Section 10.  
The Old Law shall still be applied to any act committed  before the entry into force of the New Law as 
far as the application of the penal provisions is concerned.  
 
(Delegation to the Cabinet Order) 
Section 11.  
In addition to the provisions of Section 3 thro ugh the preceding Section of the Supplementary 
Provisions, any transitional measures necessary for enforcement of the New Law shall be provided by 
the Cabinet Order. 
 
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