Presentation Transcript

1. PVP system and its impact in Japan

   Mitsutaro FUJISADA Senior Policy Advisor MAFF JAPAN
2. Outline of the PVP System in Japan - Variety Registration and the Granting and Protection of Plant Breeder's Right under Plant Variety Protection and Seed Act - Application New Business and Intellectual Property Division, PVP Office, MAFF  Examination and registration Breeder (new variety) Plant Breeder's Right On site Inspection Granting of Breeder’s Right NCSS The holder of a breeder's right has an exclusive right to, in the course of business, produce, transfer, export, import and store "seeds," "products," etc., of registered varieties. Claim for Civil Remedy Injunction, compensate for damages, restoration of credit, etc. Measures against infringement License Fee Permission Criminal penalties Imprisonment with work or fines User Unauthorized user (Customs Law) Control of export and import of varieties that infringe the breeder's right at the customs Duration of PBR: 30 years for perennial plants 25 years for other plants UPOV and PVP System Awareness Raising Seminar in Cambodia Feb.24.2012
3. Applications and Grant of PBRs number Party to the Act of 1991 Party to the Act of 1978 year UPOV and PVP System Awareness Raising Seminar in Cambodia Feb.24.2012
4. Present situation of Participation in UPOV Only 5 countries are member of UPOV in East Asia UPOV and PVP System Awareness Raising Seminar in Cambodia Feb.24.2012
5. Present Situation of PVP system in the East Asia Region UPOV and PVP System Awareness Raising Seminar in Cambodia Feb.24.2012
6. UPOV Report on the Impact of Plant Variety Protection http://www.upov.int/en/about/impact.html UPOV and PVP System Awareness Raising Seminar in Cambodia Feb.24.2012
7. Number of Applications in each UPOV member country UPOV and PVP System Awareness Raising Seminar in Cambodia Feb.24.2012
8. Top 10 Varieties of Rice in Japan 「◎」 registered (=protected) variety as of Mar, 2011 「○」 ex-registered variety (rights already expired) 「※」 the brand “KOSHIHIKARI” includes both registered and non-registered varieties; old variety “Koshihikari” is not registered, while new varieties of “Koshihikari BLs” are registered (all the BLs are bred with a parent with resistance to different races of rice blast disease, back-crossed with Koshihikari） UPOV and PVP System Awareness Raising Seminar in Cambodia Feb.24.2012
9. 「AshiroRindo (Gentiana L.) 」（Success story of plant breeding in Japan) “Ashiro” , the small mountainous area in northern Japan, has engaged actively in breeding of Gentian to compete with other area. Licence for these varieties is limited to the farmers within this area to maintain the high quality and protect the ”Asiro” brand based on PBR. “Asiro” mountainous area of about 6,000 Lovely Ashiro Ashiro no natsu This area is also successfully exporting Gentian to the EU market throughout year with “Ashiro” brand by licencing growers in New Zealand and Chile where seasons are reverse. Needless to say, PBR on “Ashirorindou” in each country is essential to protect the varieties. Now , “Ashiro”, as a PBR holder, is trying to make Chilean growers export to the US. UPOV and PVP System Awareness Raising Seminar in Cambodia Feb.24.2012
10. AshiroRindo (Ashiro gentian) （Success story of plant breeding in Japan) - Cut flowers produced in NZ and Chile are exported to EU and US markets to achieve year-round supply of Ashiro brands EU Supply through the year USA LovelyAshiro Japan Supply of seed and seedling Export of cut flower Chile New Zealand UPOV and PVP System Awareness Raising Seminar in Cambodia Feb.24.2012
11. Zespri Gold（Successful Case of introduction of foreign breed variety) (1) Zespri Gold New variety of kiwi fruit, bred by a NZ company. PVR holder is a NZ private company Authorization of production and sale of Zespri Gold given to Japanese farmers UPOV and PVP System Awareness Raising Seminar in Cambodia Feb.24.2012
12. Branded Strawberry ‘AMAOU’ is popular in foreign countries New varieties of plants Sales ・Trademark holder: ・ It was named as ‘Red’, ‘Round’, ‘Big’ and ‘Delicious’ in Japanese. Trademark：”AMAOU” (mark/brand of the product) ・Breeder: Fukuoka Prefecture ・It’s featured as large-fruit and shiny red color. Denomination： ”Fukuoka S6 gou” (New Variety of plants) “I became popular as a high-grade fruit!!” Russia 5,000yen Japan 1,200yen US Hong Kong 500yen to 800yen Taiwan Thailand 1,200yen 2,000yen * The figures are sales price of 1 pack (300g) 12 Singapore 1,600yen S
13. A platform for the organizations to exchange a wide range of ideas and information to facilitate the improvement of the implementation and the harmonization of the plant variety protection system in the Asian region. Establishment of the EAPVP Forum 1st meeting of the Forum July 23, 2008 in Tokyo All representatives of ASEAN+3 were participated. Consented to the Forum Guideline. Proposing the plans to be cooperated. UPOV and PVP System Awareness Raising Seminar in Cambodia Feb.24.2012
14. Various Cooperative Activities under the Forum Cooperation in Capacity Building Training course Dispatch experts Development and Harmonization of the PVP System Workshop for Cooperation in Harmonization of TGs and DUS test TG Meeting Sharing of the Awareness of the Importance of PVP Seminar for the Raising Awareness of the Importance of PVP UPOV and PVP System Awareness Raising Seminar in Cambodia Feb.24.2012
15. Conclusion about EAPVP Forum Establishment the EAPVP Forum in 2008 Conducting the cooperative activities under the Forum Cooperation in Capacity Building Cooperative Activities for the Development and Harmonization of the PVP System Cooperative Activities for the Sharing of the Awareness of the Importance of PVP International Harmonization in PVP system within the region Seeking for the Future Establishment of the Regionally – Integrated System on PVP