We reported last year that the Japanese Ministry of Agriculture, Forestry and Fisheries (MAFF) was considering enacting measures against export of genetic resources for wagyu (Japanese breeds of beef cattle). Now, it has made news that such a proposal has passed as law in the Japanese Diet.[3]
The upper and lower houses of Diet deliberated and passed overwhelmingly this act, termed the “Act for Prevention of Unfair Competition Using Livestock Genetic Resources,” in March and April of 2020.[1] Wagyu has grown in popularity as a fine Japanese food product overseas, to foreign buyers, and smuggling of ova and sperm for such cows had been discovered, without strong rules against such export.[2] Now regional laboratories monitoring such genetic materials will be able to seek injunctions against export or resale of particular genetic resources for wagyu.[1]
As commented in our earlier article, the genetic resources that could be hereafter prohibited for export are not technically intellectual property protected under normal IP laws, but Japan has succeeded in arranging export laws to have a similar effect. Be careful to make sure the “Wagyu” steak you buy outside of Japan is legitimately coming to your plate!
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Contact: Taro Yaguchi
Sources
[1] House of Representatives, Japan. “議案名「家畜遺伝資源に係る不正競争の防止に関する法律案」の審議経過情報 [Delibration record for act entitled ‘Bill for prevention of unfair competition using livestock genetic resources].” http://www.shugiin.go.jp/internet/itdb_gian.nsf/html/gian/keika/1DCF0F2.htm Accessed April 23, 2020.
[2] Japanese Ministry of Agriculture, Forestry and Fisheries. “家畜遺伝資源の知的財産的価値の保護強化に向けた制度の検討について～保護対象、規制すべき行為等～ [Considerations on strengthening protections for intellectual property value in livestock genetic resources: objects, regulated actions, etc.].” http://www.maff.go.jp/j/study/wagyu_iden/attach/pdf/wagyu_iden-46.pdf Handout from MAFF meeting of October 25, 2019; accessed November 18, 2019.
[3] Kyodo News. “和牛の遺伝資源保護に新法成立 不正輸出や転売を防止、刑事罰も [New law protecting genetic resources of wagyu; prevention of wrongful export and resale, even criminal penalties]” https://headlines.yahoo.co.jp/hl?a=20200417-00000042-kyodonews-bus_all Yahoo! News. April 17, 2020. Accessed April 23, 2020.
