"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, which Japan spent 30 years developing, disguised as a 'domestic product.'"

The Japanese government is set to establish a dedicated agency for the protection of intellectual property rights for new agricultural varieties developed domestically, in response to the overseas outflow of such varieties. This measure comes as major varieties like Shine Muscat are now widely cultivated in countries including Korea and China, highlighting the growing need for intellectual property protection.

Shine Muscat stock photo. Photo by Yonhap News

According to the Nihon Keizai Shimbun and other sources on June 10, the Japanese government and the private sector are planning to set up the relevant management agency with a target launch in August. The Ministry of Agriculture, Forestry and Fisheries will certify this organization as a specialized seed and seedling institution and provide operational support. This marks the first time that Japan will have an organization dedicated to managing breeder's rights (intellectual property rights for new varieties) in the agricultural sector.

Monitoring Unauthorized Overseas Cultivation and Pursuing Lawsuits

The new agency will be responsible for managing and protecting breeder's rights held by public research institutions and local governments, both domestically and internationally. It is expected to function as an "agricultural IP response organization," continuously monitoring overseas cultivation and taking legal action, including international litigation, if infringement is detected.

Additionally, the agency will work to convert the overseas spread of Japanese varieties into an official licensing system. By signing contracts with seed and seedling companies and overseas management organizations to supply these varieties, it aims to establish a virtuous cycle in which royalty revenue generated from such supply is reinvested into research and development (R&D).

Developed Over 30 Years but Not Registered as an Overseas Variety

The driving force behind this move 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 both China and Korea.

Shine Muscat stock photo. Photo by Yonhap News

In particular, as of 2022, the cultivated area in China reached about 73,700 hectares, which is 30 times the size of Japan's. The Japanese government estimates that the annual economic loss exceeds 10 billion yen, based on the royalties that could have been secured if proper licensing agreements had been in place.

Investigations have confirmed that Japanese varieties are being distributed overseas. The Ministry of Agriculture, Forestry and Fisheries found that, as a result of checking online sales by seed and seedling companies in Korea and China, about 50 Japanese-developed varieties of strawberries, citrus fruits, grapes, and others are currently being distributed.

"The Claim That 'Japan's Varieties Were Stolen' Is Not True"

However, Korea maintains that the cultivation of Shine Muscat is legally permissible. This is because Japan failed to register the variety overseas in a timely manner at the time of development, which limited the scope of intellectual property protection.

Under international regulations, registration procedures must be completed within a certain period to secure protection for overseas varieties. However, Japan missed this window, making cultivation and distribution in Korea permissible under current laws.

Along with the establishment of the new agency, the Japanese government is also moving to revise the Seed and Seedling Law. The government plans to pass the "Seed and Seedling Law Amendment" in the current parliamentary session, which will ban the 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.