JAPAN

• INTERNATIONAL TREATIES TO WHICH JAPAN IS SIGNATORY

  • International Treaties to which Japan is signatory for the protection of Plant Breeders Rights.

    1. SEED TREATY OR PLANT TREATY – ITPGRFA – The International Treaty on Plant Genetic Resources for Food and Agriculture.
    2. CONVENTION ON BIOLOGICAL DIVERSITY.
    3. TRADITIONAL KNOWLEDGE – International Treaty on Plant Genetic Resources for Food and Agriculture
    4. CARTAGENA PROTOCOL on Bio Safety
    5. NAGOYA PROTOCOL on Access and Benefit Sharing & Liability and Redress. 
    6. SANITARY & PHYTOSANITARY MEASURES, TECHNICAL BARRIERS to TRADE AGREEMENT – TBT & SPS
    7. INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS – UPOV. 
• PLANT BREEDERS RIGHTS LEGISLATION

  • The Plant Varieties Protection and Seed Act 1998 as amended by Act 49 / 2007

     

• PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS>

  • The Act does not protect new varieties if the denomination given to such variety:

    1. Where there is more than one denomination for the variety
    2. Where denomination is identical / similar to:  
    • a registered trademark pertaining to the propogating material of the variety
    • a registered trademark pertaining to goods / services similar to the said propogating materialWhere denomination is:
    • Likely to cause mis-identification of the variety
    • Confusion in respect of its identificationParityPatents Law Firms through its Attorney and Law Firms in Japan is at hand to help you with PBR protection and registration.
• WHO MAY APPLY FOR PLANT BREEDERS RIGHTS

  • Following persons may individually or jointly with other persons file applications seeking protection under the Act:

    1. Persons claiming to be the breeder of the variety;
    2. Successors of the breeder of the variety;
    3. Assignees of the breeders of the variety ;
    4. Employerof the employee who has bred the variety.
• FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT JAPAN

  • Application made for protection under the PPVFR  to conform to  the following requisites:

    • Application to state the name and domicile of the applicant;
    • The genus or species of the agricultural, forestry or aquatic plant to which the applied variety belongs;
    • The denomination of the applied variety;
    • The name, domicile, or residence of the person who bred the applied variety;
    • The application to be in compliance with the requisites as set by the law;
    • Application to be accompanied by fees.
• EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS
  • • Upon receipt of the application and the contents therein being appropriate with law, the application is accepted. Else, the office may direct the applicant to carry out the necessary amendments.
    • Upon acceptance of the application, the office is to advertise / publish the application.
    • The office may then order the applicant to submit entire plants / parts of plants of the applied variety for examination.
    • Upon such examination and on site inspection, the office to register the variety and issue registration Certificate to the applicant.
• BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS

  • The Act protects the following varieties:

    • Novel
    • Distinct
    • Uniform
    • Stable
• RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT

  • Duration of Registration:

    1. Perennial plants – 30 yrs. from the date of registration of the variety
    2. Other plants  –  25 yrs. from the date of registration of the varietyOwners of the registered plant variety may have the following rights:
       • The exclusive right to exploit the protected variety.
       • Prohibiting any person from exploiting the plant variety without prior authorisation from the owner but with certain exceptions.
       • Assign, Transfer, License the plant variety. – Institute legal proceedings against people infringing the plant variety as well as the denomination.

       Engage in the following activities regarding the propagating material of the plant variety:

       • Production of propagating material of the protected variety
       • Processing for the purposes of propagation
       • Sale, Offer an Exposure for sale of the protected plant variety
       • Market, Import and Export the variety
       • Stocking the variety for any or all of the above mention purposes
• Cost of Registration in JAPAN

  • Please write a mail for cost of registration of Plant Variety Protection in Japan to the mail address given below:

    contact@paritypatent.com