Our Areas of Expertise

We handle the various procedures associated with applications for registration of new plant varieties in Japan and overseas.

Our Areas of Expertise

  • Strategy support for applications for registration of new plant varieties
  • Preparation of application documents
  • Procedures for filing applications with the Ministry of Agriculture, Forestry and Fisheries
  • Foreign applications
  • Procedures at the trial and appeal stage
  • Consultation, investigation, and appraisal services
  • License agreements based on breeder’s right
  • Consultations on problems related to new plant varieties

Strategy support for applications for registration of new plant varieties

We will hold discussions with you to properly understand the characteristics of your newly created plant varieties (flowers, vegetables, fruit trees, mushrooms, etc.) and propose an effective filing strategy, comprehensively considering registration trends and other factors. We can also advise you on whether registering a new plant variety or a plant patent is the best way to properly protect the new variety in question, as well as on the name of the variety and its trademark as a brand.

Preparation of application documents

Our technical staff prepare high-quality applications and other necessary documents (application forms, characterization tables, etc.) to ensure that new plant varieties can be properly protected, not only in Japan but also in other countries. We also conduct on-site surveys as needed.

Procedures for filing applications with the Ministry of Agriculture, Forestry and Fisheries

We handle the application procedures.
If field preparation is required in the characterization process, we also provide field referrals.

Foreign applications

We appropriately ascertain the registration systems for new plant varieties, which vary widely from country to country, and prepare documents accordingly.
We are happy to consult with you on applications to UPOV Convention member countries as well as non-member countries.

Procedures at the trial and appeal stage

Drawing on our experience, we propose policies for rights acquisition based on accurate appraisals. Through meetings with the patent examiner, we support you in acquiring rights efficiently.

Consultation, investigation, and appraisal services

We provide expert opinions on the presence or absence of infringement, possibility of rights acquisition, etc.

License agreements based on breeder’s rights

We provide support for licensing and licensing agreements based on breeder’s rights.

Consultations on problems related to new plant varieties

We can also provide consultations on problems related to new plant varieties (e.g., your registered variety has been grown without your permission, you have been warned that your breeder’s right has been infringed, etc.), as well as help with appeals based on breeder’s right.

Key Points for Filing Applications for Registration of New Plant Varieties

Utilization of multiple rights (IP mix)

The use of multiple intellectual property rights (IP mix) should be considered alongside the application for registration of a new plant variety.
There are several ways to protect new plant varieties—for example, protecting cultivation methods through patent law, securing the brand of the variety by obtaining a trademark, or protecting the variety itself by patent rather than by registration. We take a multifaceted approach to addressing your challenges.

Importance of Foreign Applications

To prevent unauthorized export of new plant varieties and infringement of your rights, it is essential to register the varieties overseas and continuously monitor them.

Importance Based on Case Studies

Example of an import injunction and criminal charges filed:
The Hinomidori variety of rush plant, used for tatami matting

The Hinomidori variety of rush is a registered variety in Japan, and Kumamoto Prefecture holds the rights (breeder’s right). Therefore, the export or import of Hinomidori without the permission of Kumamoto Prefecture constitutes an infringement of the breeder’s right. However, without the permission of Kumamoto Prefecture, Hinomidori seeds were exported from Japan to other countries, where they were cultivated, and attempts were made to import Hinomidori (harvested item) from other countries to Japan. Kumamoto Prefecture filed criminal charges under the Customs Tariff Act. As a result, the court imposed a fine on the business operator, gave a suspended prison sentence, and ordered the confiscation of the rush plants. Had the variety not been registered in Japan, it would have been difficult to take effective measures such as import injunctions or criminal prosecution because there would have been no breeder’s right in such an event. Filing a plant variety registration application is important in terms of preventing new varieties from being imported and exported without permission and for preventing others from obtaining unfair profits and causing damage to you.