The new amendment to the Seed and Seedlings Act that aims to protect breeder and their high‑value plant genetics amid rising climate pressures.
“The bill to amend the Seed and Seedlings Act will extend the duration of breeders’ rights by ten years for new varieties developed in Japan in order to strengthen their protection and will introduce an injunction system concerning the export of seeds and seedlings prior to variety registration,” said Norikazu Suzuki, Minister of Agriculture, Forestry and Fisheries.
The amendment extends breeders’ rights to forty years for fruit trees and thirty-five years for other plants.
Speaking to reporters on the day, Suzuki elaborated that these amendments would solve the major problem of any unauthorised overseas export of seeds and seedlings with a new injunction system.
“A long-standing issue has been the possibility of plant varieties being exported overseas before registration. To address this, we will establish a system for requesting injunctions against the export of plant varieties before registration.”
Prior to this, there was no legal mechanism to prevent exports at the pre‑registration stage.
The revised law created a new system allowing breeders to request injunctions to halt the export of seeds and seedlings before the variety registration process is complete.
This is intended to close a loophole that had allowed uunauthorised material to leave the country.
He emphasised that protecting new varieties as intellectual property will support production area development and export promotion.
“We believe that these measures are important for properly protecting new varieties as intellectual property and for promoting the development of production areas and exports overseas.”
Furthermore, the amendment ensures that breeders’ rights apply to the condition of seeds and seedlings stored for export.
This means that the legal protections will extend to the state in which seeds and seedlings are held prior to being shipped overseas, strengthening the overall breeders’ rights.
Protecting breeders and their work
Suzuki added that this amendment has come at a critical time with climate change heightening the need for new varieties.
“With climate change making the need for new seeds and seedlings more important than ever, it is crucial that those who develop them are properly protected,” said the minister.
The ministry believes that these new amendments will secure stronger protection for breeders and their intellectual property, ensure that new varieties are properly safeguarded, and support both the development of production regions and the promotion of exports.
Furthermore, he stressed that protecting new varieties was crucial for Japan’s future agricultural competitiveness.
“At the same time, when considering the future of Japanese agricultural products, particularly their overseas expansion, it is absolutely unacceptable for seeds and seedlings to be leaked and mass-produced overseas, resulting in a loss of competitiveness. Therefore, to prevent a repetition of past examples, we have submitted this revised bill.”
For instance, Japan Shine Muscat grape producers face major challenges particularly due to unauthorised overseas cultivation of the coveted fruit in countries such as China and South Korea.
These grapes sold at a much lower price, undermining Japanese producers.
