"Japan Outraged Over Korea's 'Theft'; New Variety Rights Protection Agency to Launch in August"

Establishment of a Dedicated Agency for New Variety Rights Protection
Strengthening Measures Against Unauthorized Overseas Cultivation
Securing Royalties and Promoting R&D Reinvestment

"Korea is selling Shine Muscat grapes, which Japan spent 30 years developing, by rebranding them as 'domestically grown'.

The Japanese government is establishing a dedicated agency for the protection of rights to new agricultural varieties in response to the overseas outflow of agricultural products developed in Japan. This move comes as key varieties such as Shine Muscat are now widely cultivated in countries like Korea and China, increasing the need for intellectual property protection.

Shine Muscat stock photo. Photo by Yonhap News

According to Nihon Keizai Shimbun and other sources on June 10, the Japanese government and private sector plan to launch the relevant management agency in August. The Ministry of Agriculture, Forestry and Fisheries intends to certify it as a specialized seed and seedling institution and provide operational support. This marks the first time an organization specializing in breeder's rights (intellectual property rights for new varieties) will be established in the agricultural sector.

Monitoring Unauthorized Overseas Cultivation and Legal Action

The new agency will be entrusted with breeder's rights held by public research institutions and local governments, overseeing the protection of these rights both domestically and internationally. It is expected to function as an "agricultural IP response organization," constantly monitoring overseas cultivation and taking legal action, including international litigation, if rights infringements are confirmed.

Additionally, the agency will work to transition the overseas distribution of Japanese varieties to an official licensing system. By signing contracts with seed companies and overseas management agencies and supplying the varieties, it aims to establish a virtuous cycle in which royalties earned through these activities are reinvested into research and development (R&D).

Developed Over 30 Years, But No Overseas Variety Registration

The background for this measure is the Shine Muscat grape. Developed in 1988 and registered as a variety in 2006 by the National Agriculture and Food Research Organization of Japan, this premium green grape is now being cultivated on a large scale in China and Korea.

Shine Muscat stock photo. Photo by Yonhap News

In particular, the cultivation area in China reached about 73,700 hectares in 2022, which is 30 times larger than that in Japan. The Japanese government estimates that the economic loss exceeds 10 billion yen annually, based on the royalties that could have been secured through official licensing agreements.

In fact, investigations have confirmed the overseas distribution of Japanese varieties. The Ministry of Agriculture, Forestry and Fisheries inspected online sales by Korean and Chinese seed and seedling companies and found that around 50 Japanese-developed varieties, including strawberries, citrus, and grapes, were being distributed.

"The Claim That 'Japanese Varieties Were Stolen' Is Not True"

However, the position in Korea is that the cultivation of Shine Muscat is not legally problematic. The reason is that Japan did not complete the overseas registration process for the variety in a timely manner at the time of development, which limited the scope of rights protection.

According to international regulations, registration must be completed within a specified period to protect varieties overseas, but Japan missed this window. As a result, cultivation and distribution in Korea are not in violation of current laws.

The Japanese government is also pushing to amend the Seed and Seedling Law in conjunction with the establishment of the new agency. The plan is to pass a 'Seed and Seedling Law Amendment Bill' in the current National Diet, which will prevent illegal overseas outflow of seeds and seedlings from the application stage of variety registration.

This content was produced with the assistance of AI translation services.