• In Japan, the products of agriculture, forestry and fisheries and food depend on important intellectual property, including technology and cultural items. Such intellectual property should be created and utilized while being protected in an appropriate manner. By taking such an approach, we should be able to enhance our international competitiveness.

• We formulated the “Strategy for the Assurance of Intellectual Property (the Ministry of Agriculture, Forestry and Fisheries)” in March 2007. This strategy is expected to contribute to the promotion of programs for the creation, protection and utilization of intellectual property in a strategic and comprehensive manner.

## Strategic Creation, Protection, and Utilization of Intellectual Property

• Enhancement of advanced research and development, such as genome and nanotechnology studies, leading to the creation of new intellectual property

• Promotion of acquisition of rights by giving support to the facilitation of patent filings in Japan and in foreign countries

• Establishment of a database and an information system that enables the acceleration of research and development

• Expedited registration of varieties

• Development of DNA based variety discrimination technology

• Enhancement of the activities of the investigators for protection of varieties

• Protection of Japanese beef cattle genetic resources

Source: Prepared by MAFF

• Cases of violation of Japanese growers’ rights have been reported. For example, seedlings were illegally brought into Asian countries, and the harvest was illegally imported into Japan. The applicable laws and regulations have been revised to tighten controls, and farmers have been encouraged to acquire their rights as growers in Japan and foreign countries. In this manner, efforts have been made to prevent violation of their rights.

Establishment of the Legal Structure for New Varieties of Plants and Cases of Violation of Growers' Rights

Year	Establishment of legal structure	Field crops	Summary of events	Countermeasures
2004	“Azuki”red beans “Kitanootome,” “Shumari”	• Seedlings were illegally taken into China. The harvest was imported for sale in Japan.	• The company involved was warned by the Hokkaido Government and voluntarily refrained from importing the harvest from China.
2005	• Promulgation of Revised Seedlings Act (The scope of growers’ rights was expanded so that processed goods could be covered. The term of grower’s rights was also extended.)	Igusa (rush) “Hinomidori”	• The harvest was illegally imported from China.	• Nagasaki Customs Service detected the illegally imported harvest and exposed the case. The illegal importer was fined for the offense.
Cherry “Benishuho”	• The seedlings were illegally taken into Australia.	• Yamagata Government filed a criminal complaint against the Australian farmer concerned.
2006	• Promulgation of Revised Customs Act (The goods that are protected by growers’ rights are designated as cargos that are not allowed to be exported.)	Carnation Four varieties including “Light Pink Barbra”	• The seedlings were brought to China for cultivation and growth without notice. The harvest was illegally imported for sale.	• The farmer who had the grower’s right warned the importer.
Chrysanthemum “Iwanohakusen”	• The seedlings were taken into China for cultivation and growth without notice. The harvest was illegally imported for sale.	• The farmer who had the grower’s right warned the importer.

Source: Investigated by MAFF