Can New Law End Outflow of Japanese Agricultural Brands?

In 2020, Japan's Diet revised the Plant Variety Protection and Seed Act in response to concerns over the unauthorized export of a new mikan citrus cultivar, Asuki, developed by NARO. NARO applied for registration in 2017, and received approval in 2022, with seedlings sold in December 2020. However, Asuki saplings were already being sold on Chinese sales sites in April 2020, even before official registration.

The government's Plant Variety Protection and Seed Act grants plant breeders' rights, but they can only be claimed after registration, leaving a legal vulnerability period. To address this issue, the 2020 revision established a structure to prevent the export of varieties in the registration process and extended the duration of rights by 10 years.

According to the Ministry of Agriculture, Forestry, and Fisheries, Japanese-developed grape, strawberry, apple, and citrus cultivars are already being cultivated in China and South Korea and sold across Asia. For example, Shine Muscat grape cultivation in China covers 53,000 hectares, while South Korean acreage matches Japan's. The losses due to the leaked Shine Muscat grape cultivation are estimated at around ¥20 billion, with additional losses when considering the foreign market.

The revised law also provides a provision for plant breeders to extend their rights to prevent cultivation in unintended countries or regions after seed or seedling transfer. However, this did not stop the outflow of Japanese cultivars. In 2024, a MAFF investigation discovered around 50 types of seeds or seedlings being sold under Japanese-developed cultivar names on Chinese and Korean sales sites.

Ehime Prefecture's governor has petitioned the Minister of Agriculture, Forestry, and Fisheries to take action against the suspected overseas leak of the prefecture's Beni Princess fruit.