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JAPAN
COUNTRY : JAPAN
CAPITAL : TOKYO
LANGUAGE : JAPANESE
INTERNATIONAL TREATIES TO WHICH JAPAN IS SIGNATORY
- Paris Convention for the protection of Industrial Property.
- Agreement on Trade Related Aspects of Intellectual Property – TRIPS.
- 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
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The Act protects the following varieties:
- Novel
- Distinct
- Uniform
- Stable
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The Act does not protect new varieties if the denomination given to such variety:
- Where there is more than one denomination for the variety
- 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:
- Persons claiming to be the breeder of the variety;
- Successors of the breeder of the variety;
- Assignees of the breeders of the variety ;
- Employerof the employee who has bred the variety.
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
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.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Duration of Registration:
- Perennial plants – 30 yrs. from the date of registration of the variety
- 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
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