Japan is preparing a major revision of its agricultural legislation aimed at stopping the overseas spread of its most valuable plant varieties. According to sources close to the government, a reform of the country's Plant Variety and Seed Protection Law would grant breeders the legal right to block unauthorized exports by third parties even before the official variety registration process is completed.
Under the current legal framework, protection against unauthorized exports only comes into effect once a new variety has been formally registered, a review process that can take up to 6 years. During this period, growers often cultivate trial plants so they are ready to enter the market as soon as approval is granted. This long timeline has created what authorities describe as a "window of vulnerability," during which seeds and cuttings can be illicitly taken abroad.
The proposed reform would allow protection rights to activate as soon as the developer declares that a registration request has been submitted, effectively closing this gap.
Seed leaks in China and South Korea raise concerns
The urgency behind the measure stems from recent data released by the Ministry of Agriculture, Forestry and Fisheries of Japan. Last year, the ministry confirmed that names similar to around 50 newly developed Japanese fruit varieties had appeared on seed sales websites in China and South Korea.
One of the most well known examples involves the sweet potato variety Beniharuka. Although it was officially registered in 2010, it became highly popular in South Korea around 2015. Today, it is estimated that about 40% of the country's sweet potato production is based on this leaked variety.
Similar situations have occurred with the grape variety Shine Muscat as well as several premium strawberry and cherry varieties developed in Japan.
Longer protection and stronger control of brand value
In addition to export restrictions, the proposed legislation includes several additional measures:
-
Extension of breeder rights protection periods. Protection would be extended by 10 additional years. Currently, fruit varieties are protected for 30 years and other plants for 25 years.
-
Protection of brand value. By preventing unauthorized overseas production, Japan aims to maintain the market value and prestige associated with its premium agricultural products.
The bill is expected to be presented during the current special parliamentary session, with the aim of implementing the new measures within the year.
With close to 7,000 varieties under breeder rights as of the end of 2024, the reform is seen as a key step for protecting the economic security and international competitiveness of Japan's agricultural sector.
Source: opia.fia.cl
