IP NEWS:SOEI Patent & Law Firm

Japan is a member of the Paris Convention and The International Union for the Protection of New Varieties of Plants, and a new plant variety can be protected by an exclusive intellectual property right. Specifically, if new plant variety has a characteristic in its genetics and breeding method, protection under the Patent Law is available. If new plant variety has distinctive characteristic distinguished from other varieties, protection under Seeds & Seedlings Law is available.

The Competent Authorities (CA) for a patent is the Japan Patent Office. The CA under the Seeds & Seedlings Law is the Ministry of Agriculture, Forestry & Fisheries (MAFF). Thus it is necessary to file the application in these authorities to obtain exclusive right.

In 2006, MAFF established an Intellectual Property Right Strategy Headquarters to promote the establishment of intellectual property rights within the MAFF.
This month, we are going to outline protection of new varieties of plants under the Seeds & Seedlings Law.

The Seeds & Seedlings Law consists of two systems. First is the Variety Registration System. This System promotes the breeding of plant varieties by giving an exclusive right to the breeder of new plant variety upon registration. Second is the Designated Seeds & Seedlings System. This system promotes the rational distribution of seeds and seedlings by providing for regulations relating to the labeling of designated seeds and seedlings.　The subject of protection is entire cultivated plants, for example, spermatophyte, pteridophyte, bryophyte, multicellular algae, fungi and so on.

To obtain protection under the Seeds & Seedlings law, file an application for variety registration. conduct on-site inspection and examine the name for distinctiveness, uniformity, stability, novelty, and denomination suitability. Seeds and Seedlings which satisfy the conditions for registration will be registered. As a result of registration, the breeder acquires the exclusive right “The Breeder’s Right” to produce, assign, export, import and store registered plant variety, harvested material and processed products in the course of trade. The term for the Breeder’s Right is 25 years from the Japanese filing date.

In July 2007, Soei Patent & Law Firm organized its Plant Variety Protection Team which deals with patent filing for new plant varieties and registrations under the Seeds and Seedlings Law.
If you have any questions or would like to file an application, please contactapplication@soei-patent. co. jp.