* See a further update on this issue from December 3, 2020.
As many cases of plant varieties developed in Japan being sold to producers in other countries and exploited have arisen (see on past governmental plans and a case in point regarding Korean-grown mikans), the Japanese Diet (parliament) has been considering revisions to the Plant Variety Protection and Seed Act (種苗法/shubyoh-hoh; hereafter, “Plant and Seed Act”). The Diet Lower House’s agriculture, forestry, and fisheries committee debated the issue on November 12[1] and approved it on November 17, setting up the discussion for passing of the revisions by the Lower and then Upper House in the near future.[2]
The revision is one prong of the Japanese government’s strategy to grow Japan’s agricultural export revenue through use of intellectual property law. Under the revised Plant and Seed Act, the owner of a newly developed and registered plant or seed variety would be able to specify where the variety may be grown (e.g. “only in Japan”) and require that farmers receive permission to reproduce seeds for their own farming or buy the seeds directly from the producer.[3]
Debate has flared up over the impact on Japanese farmers over the last point mentioned above, namely, that a company or government body that develops a seed or plant variety could force a local farmer to buy seeds year after year instead of propagating his or her own from an initial purchase. The recently installed Prime Minister Suga’s Agriculture Minister Nogami has stressed that protecting plant varieties from secret export would help Japan’s farmers as well, but various opposing organizations, two minority parties, and then an actress’ Twitter comment have stirred up popular sentiment against the revision.[4] The committee has recommended measures such as price controls to try to convince farmers they would not be overly burdened by the new requirements.[5]
If the act passes, plants registered by breeders in Japan would be able to wield greater influence and perhaps make more money from farmers in Japan–if they can avoid being resented.
November 26, 2020 update: the act has passed in the Lower House on November 19 and next faces debate in the Upper House.
* The information provided on this website is for informational purposes only and is not intended as legal advice.
** For questions or consultation, please contact us for more information.
Taro Yaguchi
Sources
[1] Japan Broadcasting Corporation (NHK). “種苗法改正案「知的財産の新品種保護が農家ため」野上農相 [Proposed revision to Plant and Seed Act; Agriculture Minister Nogami: ‘protection of new varieties as IP is for the farmers’].” https://www3.nhk.or.jp/news/html/20201112/k10012709021000.html November 12, 2020. Accessed November 19, 2020.
[2] ________. “種苗法改正案 衆院農水委で賛成多数で可決 [Plant and Seed Act revisions pass with majority vote in Lower House agriculture, fisheries committee].” https://www3.nhk.or.jp/news/html/20201117/k10012716451000.html. November 17, 2020. Accessed November 19, 2020.
[3] “Proposed revision to Plant and …”
[4] Yamashita Ryuichi. “柴咲コウさんの懸念で注目 種苗法改正案が衆院委で可決 [Shibasaki Koh’s concerns draw attention to Plant and Seed Act revision passed by Lower House committee].” https://www.asahi.com/articles/ASNCK655MNCKUTFK00L.html November 17, 2020. Accessed November 19, 2020.
[5] “Plant and Seed Act revisions pass …”
[6] Nikkei Shimbun. “種苗法改正案が衆院通過 ブランド果実の海外流出防止 [Plant and Seed Act revision passes lower house, to prevent leaks of branded fruits overseas].” https://www.nikkei.com/article/DGXMZO66407390Z11C20A1EE8000/ November 19, 2020. Accessed November 26, 2020.
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