Plant Variety Protection Systemin JAPAN

Plant Variety Protection Office, Intellectual Property Division
Ministry of Agriculture, Forestry and Fisheries (MAFF) Japan

Plant Variety Protection system in Japan
Contents
1. Introduction - agriculture and plant varieties
2. Plant Variety Protection in Japan➢Outline➢History➢Amendment of the Act in 2020

1

1. Introduction - agriculture and plant varieties

Self-sufficiency ratio
Until 2000, food self-sufficiency ratio has been trending downward over the long term due to suchfactors as changes in dietary patterns.
（％）
100Food production
value basis90807086858377Target(2030)
2021

82
75

73

74

71

75
70

70

60

66

60
50

54

53

63

53
48

40

43

Food calorie
supply basis

30

45

40

40

39

39

38

2000
12…

17…

2010
22…

27…

2020
R2…

20

100
S40…

1970
45…

50…

80
55…

60…

90
H2…

7…

(FiscalYear)
7…
12…（年度）3Japan's Agriculture Supported by Superior New Plant Varieties• New plant variety is one of important factor supporting the development of agriculture in Japan.
• Both farmers and consumers enjoy the benefits from the development of new plant varieties thatmeet environmental and consumers’ preferences, such as, improved productivity, better taste etc.

[Super high-yield rice][Chestnuts easy to peel]

Super high-yield paddy rice “TOYOMEKI”, of whichyield is 800 kg/10a or more, 1.5 times more than othervarieties

Japan chestnut “Porotan”, which can be very easily
peeled and cooked.

Hitomebore

Toyomeki

Koshihikari[Pears resistant to disease and pests][Cold-resistant and delicious rice]

Pears "Gold Twentieth Century”,
resistant to black spot
disease which is theweaknesses of conventionalvarieties

Paddy rice “Kirara 397” has achieved
unprecedented excellent taste
in addition to cold resistance.
This variety led to the later strategy
of brand-name rice.
44

Why Plant Variety Protection (PVP) System
Investments

PVP system

Breeding of New
Variety

Applications

Breeders

Enhanced breeding activities

Further breeding

Registration

Farmers can select andcultivate new varieties orexisting varieties

Positive cycle

Exclusive rightCollection of Royalty

Plant varieties can beeasily propagatedCertification of quality

Seed distribution system

Support from Gov.
propagation

Consumers can enjoy
a variety of foods

Stable seed supply5

Effect of PVP (case 1: table grape variety “Shine Muscat”)
Ratio of cultivation area (all grape varieties)

2000

100%

1800

90%

1600

1400

2 timeshigher !

Shine Muscat

1200

1000

Average priceof all brand

800

Kyohou
600

400

2000

Ratio of cultivation area (%) (all grape brand)

average transaction price (JP Yen / kg)

Trend of table grape price80%

othersMuscatberry A70%

Campbell
Early60%

Shine Muscat
50%

Delaware

40%

Pione
30%

20%

Kyohou10%

0%

2010年 2011年 2012年 2013年 2014年 2015年 2016年 2017年

2010年 2011年 2012年 2013年 2014年 2015年 2016年 2017年

6Breeding requires a lot of time and cost

• The grape variety "Shine Muscat" developed by the National Agriculture and Food ResearchOrganization(NARO) took 33 years from the selection of the parent line "Akitsu 21" to its
registration, and 18 years from the start of crossbreeding tests of "Akitsu 21".

• In the last 18 years alone, 13 researchers have been involved in the development of the variety.
Long Progress in the development of “Shine Muscat” variety at NARO

33 years

18 years

2007.
2006.
2003.
1999.
1988.
1973.

2010.
2000.
1990.
1980.
1970.

Seedling sales begin.

"Akitsu 21" was selected bycrossing "Steuben" and "Muscat ofAlexandria" with the goal ofbreeding a variety that is good
tasting and can be grown withlow labor.

Based on the results of cultivation
characteristics tests throughout
Japan, it was not selected as avariety, but used as a breeding
mother with excellent traits.

Development of a successor
variety to "Akitsu 21" begins.

From 115 plants obtained fromcrossing with "Shiranami", "Akitsu
No. 23" (later called "ShineMuscat") was selected.

Nationwide testing of cultivation
characteristics of "Akitsu No. 23 "Shine-Muscat" is registered as avariety under the Plant Variety
Protection and Seed Act.
Selected "Akitsu No. 23" as acandidate for a new variety.

7Effect of PVP ( case 2: rice variety “Tsuyahime”)
Trend of price in Yamagata pref.
Ave.20%higher !

20000

Average direct transaction price(JP Yen / brown rice 60 kg)

Tsuyahime
18000

16000

Koshihikari
Average priceof all brand

14000
12000

Haenuki

10000
8000

Price of “Tsuyahime” isstable even when price ofmost other brand was down.

6000
4000

Trademark of “Tsuyahime”
granted in 2012

2000

0
2009年

2010年

2011年

2012年

2013年

2014年

2015年

2016年

2017年

2018年

8Case study 1: PVP as a tool of branding

つや姫：TSUYAHIME:
New rice variety bred by Yamagata Prefecture
PBR granted in 2011
Comprehensive branding strategy of Yamagata
to compete other rice brands in Japan◆ Using PVP system to secure high quality⚫

Authorized skilled farmers in Yamagata pref.
Cultivation area: allowed only for designated suitable area
Limited farmers: accredited farmers passed check on knowledge
Methods: Follow organic or reduced chemical farming
Royalty: Free⚫ Authorized other farmers in other pref. with royalty⚫ Criminal accusation to unauthorized user

◆ Advertising strategy, sales promotion

Trademark of “Tsuyahime”
granted in 201292. Plant Variety Protection in Japan

Outline of PVP System in Japan
Application

Breeder(Candidate Variety)

Plant Breeder’s rightAuthorized period:
25years (30years: tree plants)

Grant PBR

Exclusive exploitation right on:
propagating material,
harvested material,
processed products

Authorization

Licensee fee

User

PVP Office,MAFF↓
Examination andGrant right

Conditions for registration
・Distinctness
・Uniformity
・Stability・Novelty（within one year after first transfer inthe course of business, four years inforeign state (six years in case of treeplants))
・ Appropriateness of Denomination

Civil remedies• Injunction• Claim for compensation for damage• Request for recovery of the credit
Counteraction toinfringement

Unauthorizeduser[Exceptions to Breeders’ rights]• Experimental and research purpose• Use of farm-saved seeds
Authorization by right holder isrequired for “use of farm saved seeds”
by amendment of the Act (2020).

Criminal penalties• Imprisonment and/or fineIndividual: imprisonment not more than 10years
and/or fine not more than 10 million yen
Juridical person: fine not more than 300 million yen
Customs law• Control of international trade at customs office

11History and trend of annual application and grant
1800

1600

FY 2021Japan

Application total 848 (from abroad: 294)

Grantedforeign

PBR Granted 813
1400

Plant Breeders Right (PBR)

Establish
1200

Acceded to
the Act of1991

NCSS

1000

800

Acceded to
the Act of1978

600

400

200012

Percentage of protected varieties (by crop type, right holder type)
Percentage of protected varieties(by crop type)
5%

4% 4%

Total registered varieties 7,444(as of March 2021)

草花類
Flowers
観賞樹
Trees

6%

野菜
Vegetables
食用作物
Agriculture crops

18%Fruits
果樹

63%

Percentage of protected varieties(by right holder type)

その他
Others

4%

4%

1%

1%
Seed Company
種苗会社

Individual
個人

9%

Local Government
都道府県等
Food Company
食品会社等

National Institute
国等
56%

25%

Cooperative
農協等
University
大学

13Trend of PBR Titles in force (by crop type, right holder type)• Sensitive crops for national food security, such as, rice, wheat, beans, potato, fruits andvegetables, are bred by public institute, domestic companies, or individual.
NationalInstituteLocal
Government

Seed
Company

Cooperative Individual

Foreign SeedCompany

7,750
varieties

Total

24% by public institute
Agriculture
crops

773
varieties

80％
607
varieties

Fruits49％
715varieties

Vegetables

44％

5,117
varieties

Ornamentals

8％

Data as ofMarch 2020
14

PVP in Japan - challenges

Unintended outflow of plant varieties: case 1
Shine Muscat【Japan】
JapanBrand!!!

・Bred in Japan・Registered in 2006
・Period of breeding is 33 years !!
・It has a strong sweetness, excellent taste, and can beeaten with the skin, so it is traded with high price.
・It is high expected as a main product of export.
As the background of this case, two factors are identified:
1. Because domestic seed/seedling market was large enough to sustain breeding activities,
Japanese breeders haven’t tended to acquire PBRs for their new varieties outside Japan.
→ Duration of Novelty was already over, and breeders could not apply for their variety to overseas
2. Under the Japan’s PVP Act before its amendment, PBRs were not valid on export
once protected seed/seedlings are transferred by breeders or with their consents.

Consequently,,,,Production, Trade, or Marketing of “Shine Muscat” has been widely spread in Asia, and which is not
the intention/strategy of the breeder of “Shine Muscat” at all.
→ This situation caused not only a loss of Japan’s export market, but also damage of Japan’s Brand

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Case 2 Unintended outflow of plant varieties developed in Japan
Plant

Name of Variety

Infringement

Red Pearl (~ Nov. 2008)

In 1998, PBR holder granted a non-exclusive exploitation right toonly designated farmers in Korea.
From 2000, A lot of propagating material have outflowed toKorean market, and they were reproduced, cultivated andexported to Japan, without authorization of PBR holder.
PBR holder filed a lawsuit against the importer.

strawberry

PBR holder(Individual)

Akihime (~ Jan. 2007)
PBR holder(Individual)

In 1996, PBR holder granted a non-exclusive exploitation right toonly designated farmers in Korea.
From 2000, A lot of propagating material have outflowed to
Korean market, and they were reproduced, cultivated andexported to Japan, without authorization of PBR holder.

Benihoppe (~ July 2002）“Benihoppe” were reproduced, cultivated in China, withoutauthorization of PBR holder. (The route of outflow of propagating
PBR holder
material is still unknown)(Shizuoka pref.)At that time, PBR holder could not apply his variety to China
because 4 years Novelty duration had been over.

17

Case 3 Unintended outflow of plant varieties developed in Japan

cherryPlant

Name of Variety

Infringement

Benisyuhou (~ Sep. 2009)

In 2005, PBR holder has filed a criminal complaint against those
who had produced and sold fruits in Australia, alleging that
propagating materials have been illegally taken out to Australia.
In 2007, the settlement was made on the condition that
“defendant could never export until 2012”.

PBR holder(Yamagata pref.)rush

Hinomidori (~ Jun. 2021)

In 2005, the Nagasaki Customs caught "Hinomidori" about to beimported from China, and PBR holder has filed a criminal
PBR holder
accusation of the importer.
(Kumamoto pref.)
The importer was sentenced to a fine of 1 million yen, asentence of 1.5 year in prison, a suspended sentence of 4years, and the confiscation of about 8.8 tons of rush.

18Challenges⚫ Lack of awareness around importance of PVP system⚫ Unintended outflow of Japan’s excellent varieties to overseas- Undermine competitiveness- Lose potential foreign markets⚫ Stagnation in number of application for PBR in Japan- may be linked to reduced breeding activities⚫ To promote and enhance competitiveness of breeding on bothpublic and private sector⚫ To increase UPOV members, and implement cooperation
system of application and examination (e.g. e-PVP Asia)⚫ To participate in UPOV PRISMA- working on connecting Japan’s system (VIPS) with PRISMA
19The main points of Amendment of the Plant
Variety Protection and Seed Act

Main points of the amended Plant Variety Protection and Seed Act<amendment April 2020>

I.

Designation of export destination country by right holders→ PBR holders will be able to restrict their protected varieties to bebrought to foreign countries.

II. Mandatory labeling as a protected variety→ all protected varieties should be accompanied with labeling on each package,1) The fact that the seed has been registered as a protected variety,2) That there are restrictions by right holders on bringing overseas.
III. Any acts in respect of the propagating material of protected varieties (includinguse of farm saved seeds) shall require the authorization of right holders(except with “Compulsory exceptions”)→ PBR are strengthened to extend to any acts, including the propagation ofprotected varieties by farmers.
IV. Change of Examination, Application and Registration fees
→ to cover the actual cost for growing trial or on-site inspection,
to reduce the total cost of maintaining the registration for a long period.

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