Plant Variety
Protection System
of JapanJapan

Contents
01

Purpose of the Plant Variety Protection and Seed Act

1

02

Purpose of Plant Variety Protection System

203

Flow Chart of Procedures for Plant Variety Protection

4

04

Labeling of Protected Varieties

905Countermeasures against Infringement of Plant Breeders’ Rights

1006Application, Examination and Registration Fees and Procedures for
Requesting Certificates, etc.

1107Japan’s activities for International Cooperation

13

01
P

Purpose of the Plant Variety Protectionand Seed Act

lant varieties are the foundation of production in

Since it is difficult for users of variety to identify its name, quality

agriculture, forestry and fisheries, and breeding of new

including germination rates, and place of origin only from external

plant varieties with excellent characteristics in productivity,

appearance, it is necessary to require seed dealers to properly

quality and pest and disease resistance, etc., constitutes anlabel their products in order to ensure the proper distribution ofimportant pillar supporting development of agriculture, forestry

seeds and to protect the producers who are the consumers ofand fisheries.

seeds and seedlings.

Breeding of new plant varieties requires long-term effort and

The Plant Variety Protection and Seed Act provides for a "plant

substantial financial cost, in addition to specialized knowledge andvariety registration system" for the protection of new varieties andtechnical skills. However, once a new plant variety is bred anda "designated seedling system" to ensure the proper distribution

placed onto the market, plant seeds or seedlings can be easilyof seeds and seedlings, with the aim of contributing to the

propagated on farmland. Therefore, it is necessary to properly

development of agriculture, forestry and fisheries by promoting

protect the plant breeders’ right for the new plant varieties inthe breeding of varieties and ensuring proper distribution of seeds

order to encourage the breeding of new plant varieties.

and seedlings.

Development of Japan’s agriculture
Enhancement of breeding for excellent plant varieties
・Increase of crop yield・Resilience to pest and disease damage
・Excellent climatic resilience
・Taste and appearance aligned with consumer preferences
・Responding to distribution issues (improved shelf life and robustness in handling)
Super high-yield rice
"TOYOMEKI” has a yield of
800 kg/10a or more, 1.5
times more than the normal
yield.
HITOMEBORE TOYOMEKI KOSHIHIKARI

Pears resistant topests and disease

Easy-to-peel Chestnuts“GOLD NIJUSSEIKI”, Pears
resistant to black spot
disease which is the
weaknesses of conventionalvarieties.

Revolutionary Japanesechestnut "POROTAN” thatcan be easily peeled toremove the astringent skim
and are easy to cook.

GIFU No1

POROTANTSUKUBA

Cold-resistant anddelicious rice
Paddy rice “KIRARA 397”,
which has achieved
unprecedented savory flavor
in addition to cold
resistance, and which led todevelopment of alot ofbrand-name rice.

Japan’s agricultural competitiveness supported by excellent new plant varieties＜Column＞ What is protected under the Plant Variety Protection and Seed Act?
- non-Protected Varieties and Protected Varieties Only varieties which are newly developed could be protected and registered as“Protected Varieties” under the Plant Variety Protection and Seed Act. Other
common varieties ( “non-Protected Varieties” ) will not be regulated by the Act.

Common varieties are native varieties, varieties that have never been registered,and varieties for which the variety registration period has expired.

Plant Variety Protection System of Japan

1

02
P

Purpose of Plant Variety Protection System

lant Variety Protection System is a registration system

outflow to overseas. Protection of intellectual property rights

under which new varieties of plants that meet certain

is essential to maintain the value of new plant varieties.

criteria are registered with the Ministry of Agriculture,

Once a variety is registered as a protected variety, the name,

Forestry and Fisheries, granting "plant breeders’ rights " tocharacteristic of the plant, breeder’s name and address, andthe person who has bred them and protecting them as

duration of registration for the variety will be listed on theintellectual property.

Registry of variety, and will be also published in the Gazette.

Since agricultural products made from superior new plant

Information of the protected variety will also be provided onvarieties are often sold at high prices, the protected varieties

The Website of Plant Variety Protection Office, Ministry of

have high risk of unauthorized cultivation or unauthorized

Agriculture, Forestry and Fisheries.

1) Plant breeders’ rights
Plant breeders’ rights become effective upon variety registration.
① The holder of the plant breeders’ rights has an exclusive② The holder of plant breeders’ rights may grant aright to exploit, propagating material, harvested products

non-exclusive exploitation license on the use of seeds andand certain processed product of the registered variety. Any

seedlings of the protected variety and receive a licenseother person than the holder of the plant breeders’ rights

fee.

may not use the variety without authorization of the holder.

③ The holder of plant breeders’ rights may transfer those

In order to propagate the protected variety, authorization ofrights as property rights to others. He/she may also givethe holder of the plant breeders’ rights is necessary.

the exclusive license as a pledge.

Unauthorized propagation

Transfer of harvested materials from unauthorizedpropagated seeds and seedlings

Unauthorized exports

2) Duration of the plant breeders’ rights
The duration of plant breeders’ rights is 25 or 30 years from the date of variety registration.
However, the registration may be rescinded in following circumstances:① where the annual registration fee is not paid within the prescribed time period,② where it has turned out that the variety was registered without meeting the conditions for plant variety protection,③ where it has turned out that, after grant, the protected variety no longer maintains the characteristics of the variety.

Duration of plant breeders’ rights

2

25 years

General plants (other than noted below)

30 years

Woody plants such as fruit trees, forest trees, and ornamental trees

Main points in the 2020 amendment of the Plant Variety Protection and Seed ActI

n recent years, Japan’s agricultural exports have sufferedseedlings which are propagated and by whom the propagation

due to the outflow of Japan’s protected varieties overseas

was conducted, making it almost impossible for them to makeand localization of such varieties.

countermeasure against outflow of their varieties to overseas.

Before the amendment, once a seed or seedling of a protected

In order to prevent the outflow of protected varieties abroad

variety is released to the market, taking that seed or seedlingand to enable the holders to exercise their right effectively, theout of the country without authorization of the right holders

Plant Variety Protection and Seed Act has been amended.

was not restricted and there was no measure to prevent

Through the amendment of the Act, it will become easier forprotected varieties being taken abroad.

the holders to manage their new plant varieties and prevent

Moreover, since farmers were able to propagate seeds andunauthorized use. The amendment also leads to theseedlings for their own use within their own holdings, it was

revitalization of local agriculture with the utilization of plantdifficult for the holders to track the number of the seeds or

breeders’ right.

Prevention of outflow abroad① Restrictions can be placed on the overseas export of seeds and seedlings of the protected varieties
by submitting terms of use to restrict the export of seeds and seedlings at the time of application.

② In order to prevent unauthorized propagation which is one of the causes of overseas outflow ofseeds and seedlings, any acts in respect of the propagating material of protected varieties(including use of “farm saved seeds”) shall require the authorization of right holders.

Promotion of production areas by protected varieties① Submitting terms of use to limit the production area (production of a harvested material) at the time of application will
prevent the production of the protected variety outside a designated area, making it easier to create a unique production
area by using the new plant variety.

② By basing the propagation of the registered varieties, on the permission of the breeder's right holder, this will lead to theuse of high-quality seeds, and will allow for appropriate production and quality control.

Measures to enable the holders to exercise their plant breeders’ rights effectively
In order to conduct countermeasure against infringement, a new system is established, which enables to presume theinfringement by comparing the characteristics of the allegedly infringing varieties with “variety description” of the protectedvariety. This new system can lead to an early settlement of disputes concerning suspected infringement case.

＜Column＞ Exception of plant breeders’ rightAs plant breeders’ rights do not extend to the use of a harvested material or

breeding new varieties and for other experimental and research purposes.

processed products using authorized seeds and seedlings (exhaustion of thePrivate use of a protected variety for personal consumption, such as,

rights), these harvested material or processed products can be sold andrepropagation on a private flower beds or vegetable gardens is unrestricted.

distributed freely.

However, to give seeds, seedlings and harvested material to others is

Moreover, plant breeders’ rights do not extend to the use for the purposes ofprohibited.

Plant Variety Protection System of Japan

3

03

Flow Chart of Procedures
for Plant Variety Protection

1) Application for Plant Variety Protection
The breeder of the variety or its successor can submit an application for Plant Variety Protection addressed to the
Minister of Agriculture, Forestry, and Fisheries.
① As of April 1st, 2022, Applications for Plant Variety Protection must include a “Variety Description,” which states all necessary
characteristics required in an examination. Payment for the application is also necessary.

② “Restriction of overseas export” which restricts unauthorized export to other countries, and “Restriction of production area” which
restricts production to the designated production area in Japan, can be submitted at the same time as the application.

2) Publication of application
After submission of the application, and if no errors are found, public announcement will be made that the variety
is under the application process.
Information related to the publication of application can be obtained on The Website of Plant Variety Protection
Office, Ministry of Agriculture, Forestry and Fisheries.

3) Provisional Protection
The term of examination for an applied variety will normally take 2-3 years. Therefore, the interests of applicants
are safeguarded during the period between the publication of application for Plant Variety Protection and theregistration of the plant variety .
After the variety has been registered as protected variety, applicants can claim compensation equivalent to thelicense fee from those who have propagated and transferred seeds and seedlings, or violated the restriction on
overseas export during the provisional protection period.

4) Examination
After a publication of application, DUS examination will be conducted to examine whether it meets therequirements for Plant Variety Protection.
An examination fee needs to be paid for DUS examination (growing test or on-site inspection).

5) Notification of identified Characteristics
Once it is determined that the requirements for the variety registrations are met, applicants will receive a“Variety Description”, which records the characteristics of the variety (color and shape of flower / leaves, etc) tobe recorded on the registry of variety, prior to variety registration.
Applicants may request a correction of the “Variety Description” which they have received if they so wish.

6) Registration as protected variety
As a result of examination, if the applied variety is determined to fulfill the necessary requirements, it will be
registered as protected variety.
A fee needs to be paid for registration.

＜Column＞ Application and payment using the Electronic Plant Variety Protection Application System
Applications for Plant Variety Protection can be submitted on paper orelectronically using the Plant Variety Protection Application System on thewebsite. Applicants can submit application document files through thesystem. After submitting their application, applicants can check thereceiving status of the application and submit amended application throughthe system.
Applicants may pay application andregistration fees electronically as well.

URL http://www.hinshu2.maff.go.jp/info/yousiki/denshi/idpw01.html

4Application for Plant Variety Protection

Designation of export destination
countries (overseas export restrictions)and cultivation area designations can be
notified.

Publication of application

Payment of examination fee
for growing test or on-site inspection

Examination of requirementsfor plant variety protection
・Distinctness, Uniformity, and Stability
・Suitability of denomination
・Novelty

Provisional Protection
DUS examination
Growing test or on-site inspection
Assessment of Distinctness,
Uniformity, and Stability

If variety doesn’t meet requirements
for Plant Variety Protection

Rejection

Notification of identified
characteristics

Plant Variety Protection
Plant Breeders’ Rights

Applicants can request revision

Labeling requirements
for a protected variety
・Listed on the registry of variety
・Officially announce registration in the official gazetteand on the website

Payment of registration fee

Duration of plant breeders’ rights is 25 years( 30 years for woody plants )※ The scheme with red font texts are newly establishedin line with the amendment of the Plant Variety
Protection and Seed Act, in December 2020.

Plant Variety Protection System of Japan5

03

Flow Chart of Procedures for Plant Variety Protection

Requirements for Plant Variety ProtectionIn order to register a new variety as protected variety, the following
requirements, based on the Plant Variety Protection and Seed Act, must be met.

① Distinctness

It should be clearly distinguishable from any other varieties of common knowledge in Japan and abroad at the time of thefiling of the application, by all or parts of the relevant characteristics.

② Uniformity

Within the same generation, all the relevant characteristics are sufficiently uniform (same plants are grown from the seeds
or seedlings).

③ Stability

After propagation, all the relevant characteristics remain stable (same plants are grown after the repeated propagation forseveral generations).

④ Novelty

Seeds, seedlings or harvested materials of the applied variety have not been transferred in the course of business, in Japanearlier than 1 year from the date of application (in foreign states, earlier than 4 years, or earlier than 6 years for woody plantsuch as fruit trees).

⑤ Suitability of denomination

The denomination of the variety is not similar with any other existing varieties or registered trademark, etc.

Distinctness

Clearly distinguishable from any other varieties in the relevant characteristics.

Image of morphological characteristics examination(Comparison of height, leaf color, flower color, etc.)

Applied variety

Uniformity

Existing variety

Within the same generation,
characteristics have sufficient uniformity
Image of Uniformity examination(checks the occurrence of off-type)

Image of physiological and ecological characteristic examination(Comparison of disease resistance, etc.)

Applied variety(With resistance)

Stability

Existing variety(Without resistance)

Characteristics are stableeven after repeated propagation.

Image of stability examination(checks the occurrence of off-type plants)
Propagation

Applied variety

Propagation

Applied variety

6

Off-type plants

Off-type plants

Process of the DUS Examination

D

US examination confirms whether the characteristic of(Distinctness, uniformity, and stability) or not. DUS examination

applied variety meets the characteristic requirement

will be conducted through a growing test or on-site inspection.

・Growing test
A growing test will be conducted at The Center for Seeds and Seedlings, National Agriculture and Food Research
Organization, (from hereon, referred to as “NCSS”) where the applied variety will be grown alongside the most similarvariety, and then comparing the varieties’ characteristics.

・On-site inspection
An on-site inspection will be conducted by officials from the Ministry of Agriculture, Forestry and Fisheries or NCSS who willcompare the applied variety on the applicant’s premises, with the most similar variety and compare the characteristics ofthe varieties.
※DUS examination can be done without conducting a growing test or on-site inspection if the applied variety is determined to have satisfied the requirements
based on DUS test reports conducted by UPOV-member countries or detailed growing test results conducted by domestic applicants.

Growing test

Examination of noveltyIf the applied variety has been transferred before applying

and it may hinder secure transactions after registration as

for Plant Variety Protection, it is assumed that they haveprotected variety.

already been propagated and sold in the course of business,

For this reason, it needs to be confirmed that propagated and harvested materials of the applied variety:① Have not, in the course of business, been transferred 1 year prior to the application date in Japan, and 4 years in any foreignstates (for woody plants, 6 years).

② Have not been transferred for experimental or research purposes, or transferred against the will of the breeder.

Plant Variety Protection System of Japan

7

03

Flow Chart of Procedures for Plant Variety Protection

Examination of the suitability of the denomination.
(Examination of the Variety denomination)The variety denomination has the function of identifying

the denomination is suitable, the application will be

the seeds and seedlings which are difficult topublished. If it is determined the denomination is unsuitable,

distinguish by their outer appearance. For this reason, the

PVP Office will direct applicant to change the applied

denomination of the applied variety will be examined so that

denomination. The applicant cannot arbitrarily change theproper seed market will not be hindered by confusion in the

denomination after filing their application.

identification of varieties.

The variety denomination must be used when transferring its

Examination of the variety denomination will be conducted

propagating material, even after plant breeders’ rights aretwice, first upon application, then again just before

expired. Therefore, it is necessary to select a suitableregistration. After the examination, if it is determined that

denomination which is easily understandable for everyone.

Variety denominations which cannot be registered:① If there is more than one denomination of the applied-for variety.
② If the denomination is identical or similar to a registered trademark for the propagating material for that applied-for
variety or a registered trademark for goods similar to that propagating material.

③ If the denomination is identical or similar to a registered trademark for services relating to the propagating material
for the applied-for variety or goods similar to that propagating material.

④ If the denomination is likely to cause misrepresentation of or confusion in identifying the applied-for variety(excluding the cases set forth in the preceding two items).

[ Examples of denominations which cannot be used in Plant Variety Protection ]・ Using denominations which are the same or similar to existing variety denominations or registered trademarks.
・ Giving a white rose a denomination like “Red bloom” (Misrepresentation of characteristics).
・ Including superlatives like, “Greatest…” etc. (Misrepresentation of value).

・ Giving the candidate variety of apple a denomination like “FUJI”, an existing variety denomination. (Overlapping in the range of genus).
・ Using only numbers, extremely long denominations, etc. (Difficult to identify).

・ Unusable characters and symbols, etc. (Examples: “III”, “・”, “①”, foreign letters other than the 26 letters of the English alphabet, etc.).

Flow of the examination of variety denomination
Application forregistration

Publication of
application

Examination of variety denomination

8

DUS examination

Registration of
the Protected Variety

Examination of variety denomination

Order to change denomination

Notification of Change

Order to change denomination

Notification of Change

Denial of denomination change

Rejection

Denial of denomination change

Rejection

04
W

Labeling of Protected Varieties

hen transferring, selling, exhibiting, or advertising aexport or production area, those restrictions need to beprotected variety, it is necessary to indicate with alabeled as well.

label that it is a protected variety. If there are restrictions on

Mandatory labeling for protected varieties
Those transferring the propagating material of a protected variety must put the label concerning ①, ② or ③ on the
propagating material or its package. It is not acceptable to only provide information at the store display.

① The term “Protected Variety”② The term “Plant Variety Protection” and the Registration Number”“” etc.)③ The PVP mark (“In the case of transfer (sale) of propagating materials of protected varieties (including those which were protected in the past),
the denomination of the protected variety must be used.
Variety Denomination：NORIN YELLOW (Protected Variety)[ Example of mandatory labeling ]Variety Denomination：NORIN YELLOW Plant Variety Protection number: 999999※This variety is protected by PVP and Seed Act. (Until XXX, XX, XXXX)

Variety Denomination：NORIN YELLOW

Mandatory labeling of export restrictions and production area restrictions in Japan
If the holder of plant breeders’ rights has imposed conditions of use, such as a prohibition on taking the variety out of thecountry or limiting the domestic cultivation area, these conditions must be indicated along with the indication that the variety is
a protected variety.
NORIN YELLOW (Protected Variety)
Taking this variety out of Japan is prohibited.

[ Example of mandatory labeling ](Public Announcement (MAFF website))
NORIN YELLOW (Protected Variety)
Taking this variety out of Japan is prohibited. Cultivation permit only in XXX area.
(Public Announcement (MAFF website))

Procedure of the mandatory labeling
When transferring and selling seeds and seedlings in a store, necessary certification should be attached on those materials or
their packages. It is acceptable to attach a certificate that shows the necessary information to the seeds and seedlings.
The labeling is needed not only for exhibition and advertisement, but also for catalogues and order forms, etc. as well as
websites for sales.

Plant Variety Protection System of Japan

9

05

Countermeasures against Infringement ofPlant Breeders’ Rights

Measures initiated by the holder of plant breeders’ rightsW

hen infringement of a plant breeders’ rights isof the protected variety at the time of variety registration.

suspected, it is necessary for the holder to identify

the fact and to provide evidence of the infringement in order

By comparing a variety suspected of infringement with theto exercise his rights.

Variety Description, the holder of the rights, or someone who
suspects an infringement, can request Advisory Opinion by

In order to facilitate proof of infringement and enable rightthe Minister of Forestry, Agriculture and Fisheries (“Advisory

holders to exercise plant breeders’ rights much moreOpinion System”). Such an Advisory Opinion can serve as

effectively, a new "presumption provision" has been establishedstrong evidence in a trial, and are expected to be useful inallowing a presumption of infringement by comparing thesettlement negotiations between the parties concerned,

characteristics of seed or seedling suspected of infringement,

which can help resolve disputes quickly. (However, the resultwith the “Variety Description” which records the characteristics

of Advisory Opinion does not have any legally binding power).

Advisory opinion system
Document investigation
Request for
Advisory Opinion
・Holder of plant breeders’rights, intend to confirm
a possible infringement.
・A person who issuspected of
infringement, intend to
confirm there has been
no infringement.

(If it is possible to judge with submitted documents and example of plants
whether the characteristics of the variety suspected of infringement is clearly
distinguishable from the Variety Description of the Protected Variety)Decision

Results notification
Advisory Opinion claimant

Payment of feesand submissionof seeds andseedlings

Growing test

On-site inspection
Results notification
Holder of plant breeders’ rights※In the case of a person otherthan the rights holder
demanding an Advisory Opinion

Activities of NCSSN

CSS; ①Offers consultation related to the infringement③Keeps a deposit of seeds and seedlings which are suspectedof plant breeders’ rights and collection and provision ofof infringement and may become evidence of infringement of

information, ②Records the circumstances of the infringement
based on a request from the holder of plant breeders’ rights,

the plant breeders’ rights, and ④Conducts an examination ofvariety resemblance.

Border control measures at customs

J

apan customs are conducting border control measuresexchanges information with customs and shares technology

on infringement of agricultural, forestry and fisheries

used in variety identification including DNA technology, toproducts, based on petition for an export or importimprove the effectiveness of border control measures

injunctions from the holders of plant breeders’ rights.

identifying infringing products.

The Ministry of Agriculture, Forestry and Fisheries＜Column＞ Border control measures regarding SHINE MUSCAT10The National Agriculture and Food Research Organization (NARO), the holder ofFacts related to such petitions will be published on the website

plant breeders’ rights of “SHINE MUSCAT,” sent a petition to restrict the import ofof Japan customs, alerting concerned parties within and outside“SHINE MUSCAT” to Japan customs, and on May 10, 2021, the petition was accepted.

of Japan. To stop illegal import of fruits at the border serves to protect theImport of “SHINE MUSCAT” fruit to Japan is subject to rejection at Japan customs.

interests of Japanese agricultural producers.

06

Application, Examination and Registration Fees
and Procedures for Requesting Certificates, etc.

1) Fees for examination and registration
When applying for Plant Variety Protection after April 1st, 2022, it is necessary to pay for a growing testor an on-site inspection. With the introduction of an examination fee, the application fee and registration
fees required to maintain plant breeders’ rights, have been reduced.
Applications made up
until March 31, 2022
Application fee

47,200 JPY

Applications madeafter April 1, 2022
14,000 JPY
In the case of growing tests
・General applied variety 93,000 JPY/test
・Fruit trees, tea trees, ornamental trees 279,000-465,000 JPY/test*・Mushrooms 424,000 JPY/test
・Tomatoes, strawberries, peppers, melons, wheat that havecharacteristics which require special inspection
105,000-273,000 JPY/test

Examination fee
In the case of on-site inspections
45,000 JPY flat rate covers all required inspections.
( In most cases it is estimated that 2 inspections will be required. )In the case of requesting diseases and pest resistance tests
In addition to the above fees, 8,500-275,000 JPY/characteristic tested

Registration fee

1st-3rd year

6,000 JPY/year

4th-6th year

9,000 JPY/year

7th-9th year

18,000 JPY/year

10th year and thereafter

36,000 JPY/year

4,500 JPY/year

30,000 JPY/year※ For growing tests for fruit trees, tea trees or ornamental trees (with some exceptions) , payment of fees based on the length of the growing period (3-5 years) will
be required.
Fast-growing trees such as Western hydrangea may be completed within one year. In this case, if the applicant has elected to pay the fee annually, the fee for theremaining years will not be collected.

2) Procedure for requesting certification
Requests for certification of application for Plant Variety Protection, a transcript or extract from theRegister of Plant Varieties, or requests for inspection of documents, require fees as detailed in thefollowing table.
Fees for requested items
Requested items

Fees

Certification of application for Plant Variety Protection or applied variety

1,500 JPY per instance

Delivery of transcript or extract from the Register of Plant Varieties

350 JPY per instance

Inspection or copying of the Register of Plant Varieties

220 JPY per instance

Inspection or copying of applications or other Plant Variety Protection-related documents

1,100 JPY per instance

Plant Variety Protection System of Japan11

Terminology
Scope of plant breeders’ rights
The holder of plant breeders’ rights has the exclusive

part of the characteristics of the protected variety.

right to exploit, in the course of business, propagating

Examples: Varieties that have only changed the shape ofmaterials, harvested materials and certain processed

the thorns or improved disease resistance through the

products of the protected variety and varieties notbreeding methods mentioned above.

clearly distinguishable from a protected variety.
A hybrid variety (F1 variety) is a variety that requires
Plant breeders’ rights of a parental variety will extend toconstant crossbreeding of protected varieties foressentially derived varieties and hybrid varieties.

propagation.
Example of essentially derived variety

Essentially derived varieties are varieties that are
produced using breeding methods outlined in the
Ministerial Ordinance for Enforcement of the Plant
Variety Protection and Seed Act (① mutation selection②backcrossing ③transformation by genetic

engineering ④cell fusion (limited to asymmetric cellfusion) and ⑤genome editing technology) and are

Variety A

varieties that are bred to changed only an imperceptible

New variety B( All the characteristics except for the shape of thethorns are the same as the parental variety. )Varieties bred in the course of duties
In the case where an employee, develops a new variety

When registering varieties bred in the course of duties,(Varieties bred in the course of duties), the title of theit depends on each organization's policy (Regulations forapplicant of Plant Variety Protection belongs to thevarieties bred in the course of duties), whether the title

employee. However, when stipulated in the employmentof applicant belongs to the employer originally or if theregulations, in advance, the employer may obtain theemployee receives the title initially and succeeds to thetitle of applicant of a protected variety which was

employer.

developed by their employees.

Processed products encompassed by plant breeders’ rights by Governmental Ordinance(as of April 2022)

12

Types of plants

Processed products

Adzuki beans

Beans boiled in water (including where sugar is added), Sweet bean paste

RushesWoven matRice plants

Cooked rice

Kidney Beans

Beans boiled in water (including where sugar is added), Sweet bean paste

Sweet potato

Dried sweet potato, Baked sweet potato

Tea

Processed tea leaves or stems

Peanuts

Products which are roasted or cooked with heat in other ways

07Japan’s activities
for International Cooperation

International Convention for the Protection of New Varieties of Plants(UPOV Convention)T

he UPOV Convention is an international convention to
set common rules to protect new plant varieties with 78

member countries and regions including EU, Canada, Japan,
Australia. (As at the end of March 2022).
If breeder intends to gain plant breeders’ rights for his
new plant variety in UPOV-member countries, it is necessary
to apply his new variety to each member country.

East Asia Plant Variety Protection ForumIn the East Asia region, which is also an important market

and approved in 2018, which includes, among other things,

for export, there is a lack of a sufficient environment in

the goal of UPOV membership for all participating countries

which new plant varieties can be properly protected.

in East Asia.

Therefore, the East Asia Plant Variety Protection Forum

Currently, based on the 10-Year Strategic Plan, with the(EAPVP), a group of 13 countries (ASEAN + Japan, China, andcooperation of the UPOV secretariat and related countries,

Korea) established under the leadership of Japan, is working

we engage to establish a platform (e-PVP Asia) which will

to develop a variety protection system.

enable breeders to apply for Plant Variety Protection in

In order to accelerate these developments, in 2018, The

several countries simultaneously.

10-Year Strategic Plan of the EAPVP Forum was formulated

Applicant (Breeder)in Country A

e-PVP Asia

Application

DUS test in Country A

Common application forms (multilingual)Arranging DUS tests
Harmonization of Test Guidelines
Standard rules between member countries

Application

Country B

Application

Country C

Utilization oftest results

Contact for Agricultural Intellectual Property
We provide support and advice for the acquisition and utilization of intellectual property rights (including patents and trademarks)
in the agriculture sector, such as plant breeders’ rights overseas among other things.

Japan Plant Variety Protection Consortium
Representative organization:

Innovation Division, Japan Association for Techno-innovation in Agriculture, Forestry and Fisheries
Phone:+81-3-(3586)-8644 Open Mon-Fri, 10AM-5PM (except for noon-1PM)
Email: jataff-pvp@jataff.or.jp

Plant Variety Protection System of Japan13

Inquiries ※Please read the following before contacting us.
Before contacting us, please read The Website of Plant Variety Protection Office,Ministry of Agriculture, Forestry and Fisheries, which can deepen your understanding.

Plant Variety Protection Office, Intellectual Property Division,
Export and International Bureau, Ministry of Agriculture, Forestry and Fisheries
1-2-1, Kasumigaseki, Chiyoda-ku, Tokyo, 100-8950, JAPAN
Phone:+81-3-3502-8111 (Main Number)
URL http://www.hinshu2.maff.go.jp/en/en_top.html (Home page of Plant Variety Protection)

Regarding information on growing tests and infringement of plant breeders’ rights,
you can also check the website of the Center for Seeds and Seedlings.

The Center for Seeds and Seedlings,
National Agriculture and Food Research Organization (NCSS)
2-2 Fujimoto, Tsukuba, Ibaraki 305-0852, Japan

DUS Test Management Section：Phone:+81-29-838-6584

Plant Variety Protection Section：Phone:+81-29-838-6589
URL https://www.naro.go.jp/english/index.html

April 2022