Amaou, a strawberry variety developed in Fukuoka Prefecture, is among Japan's highest-priced fruits. In January, however, the plant breeder's right for Amaou expired after 20 years, raising concerns that seedlings could now leave the southwestern prefecture without authorization.
To safeguard the brand, the Fukuoka Prefectural Government and Zen-Noh Fukuren, the local headquarters of the National Federation of Agricultural Cooperative Associations, are introducing trademark protection measures.
"Seeing something I've devoted so much care to rise to the nation's top level is both a source of pride and a motivation," said Nobuhide Suetsugu, head of the strawberry department at Zen-Noh Fukuren, who has worked with Amaou for 17 years.
Registered in 2005 as Fukuoka S6, Amaou derives its name from the Japanese words akai (red), marui (round), ōkii (large), and umai (delicious). Known for its size and sweetness, the variety is widely cultivated under strict supervision from the prefectural government and Zen-Noh Fukuren. Despite being prone to disease and requiring careful management, the variety has developed a reputation for high quality, supported by close oversight of cultivation practices.
The expiration of breeders' rights has altered the legal framework. Under Japan's plant variety protection and seed law, such rights are usually granted for 25 years, giving exclusive production and sales of seedlings to the breeder. During the protection period, cultivation of Amaou was restricted to within Fukuoka, which helped preserve quality standards.
With those rights no longer in place, cultivation outside the prefecture is now legally possible. A prefectural official said, "We were able to address unauthorized removals of seedlings under the plant variety protection and seed law, but that is no longer the case." This raises concerns over quality control and potential brand damage.
The risk of overseas leakage is also present. "In light of the example of Shine Muscat grapes, we want measures to prevent seedlings from circulating freely," said Suetsugu.
To mitigate risks, Zen-Noh has secured the Amaou trademark. Producers are now required to sign pledges restricting cultivation to Fukuoka Prefecture as a condition of using the trademark. A Zen-Noh Fukuren representative stated, "We can't categorically forbid growers from moving outside the prefecture, but to protect (the brand) we have little choice but to rely on the systems already in place and on the consciences of producers."
The approach of combining trademarks with other intellectual property rights, referred to as an IP mix, has been noted by the Kyushu Regional Agricultural Administration Office. To further protect the brand, Amaou registrations and trademarks are being filed in overseas markets, and online platforms are monitored for possible unauthorized listings.
Source: The Japan Times
