Japan plans to revise the plant variety protection and seed law to allow developers to block unauthorized exports of new crop varieties at the application stage. The measure aims to address cases of overseas leakage and protect brand value and intellectual property rights, according to sources familiar with the matter.
Under the current framework, rights to prevent unauthorized exports take effect only after a new variety is officially registered, a review process that can take up to six years. The proposed revision would grant export protection once a developer declares that a new variety has been applied for registration.
The bill is expected to be submitted during the current special parliamentary session, with implementation planned within the year. It also proposes extending plant breeders' rights by 10 years. At present, fruit varieties are protected for 30 years and other plants for 25 years. The amendment would add another 10 years to these protection periods.
Plant breeders in Japan often cultivate additional plants on a trial basis while registration is pending to enable immediate marketing once approval is granted. However, this practice has increased the risk of varieties being leaked abroad before official registration.
Last year, the Ministry of Agriculture, Forestry, and Fisheries confirmed that names similar to 50 new Japanese fruit varieties appeared on seed vendor websites in China and South Korea.
"The varieties were likely leaked during the application process," an agriculture ministry official said.
The issue has gained attention amid growing demand for Japanese plant products abroad. The sweet potato variety Beniharuka, registered in 2010, expanded in South Korea from around 2015 and now accounts for approximately 40 per cent of sweet potato production there. The variety has also been reported in China and Thailand.
As of the end of 2024, around 7,000 crop varieties in Japan were under plant breeders' rights. The proposed revision seeks to strengthen early-stage protection and extend the duration of existing rights within the national framework.
Source: JapanToday
