[Article / Patents] The future of customs and plant breeders’ rights (外村玲子, Patent, September 2024)
Updated: 4 hours ago
Article information
Categories: Other Japanese law
Topics: Plant variety rights / Border enforcement / Exhaustion and parallel imports
Published on this website: 2026-09-29
[Article / Patents] The future of customs and plant breeders’ rights (外村玲子, Patent, September 2024)
1. Key points of the 2020 amendment to the Plant Variety Protection and Seed Act: Introduction of export restrictions
(1) Designated-country system (notification of export restrictions): The breeder’s right holder notifies in advance the countries to which propagating material may be taken. Taking it to other countries constitutes infringement in principle.
(2) Mandatory labeling: Seed and seedling businesses must indicate overseas transfer restrictions on packaging and the like to prevent unintended infringement.
2. Future customs procedures and improved effectiveness
(1) Use of DNA-based variety identification: DNA testing is a lifeline for plants difficult to distinguish by appearance.
(2) Technological progress: Rapid, accurate identification techniques for tea, apples, grapes, citrus and others. Development is progressing on rapid test kits, such as SNP markers usable in the field.
(3) Establishment of a plant breeders’ rights management organization.
3. Issues of parallel imports and reimports
More products produced under license overseas by Japanese companies are expected to be reimported into Japan.
Exhaustion of rights: Further discussion will address when reimports constitute “infringement,” referring to the BBS patent decision and Fred Perry trademark decision while considering interpretations specific to breeders’ rights, such as treatment of unauthorized propagation.
Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:share:7510493266568601600/
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