Article 3(1)Any person that has bred a variety (meaning establishing or certifying the expression of the characteristics from artificial or natural variation; the same applies hereinafter) fully meeting the requirements set forth below, or their successor (hereinafter referred to as "breeder") may obtain registration for that variety (hereinafter referred to as " variety registration"):

(2)If the filing of an application for variety registration or an equivalent application in a foreign state has lead to the granting of breeding protection, the existence of the variety is deemed to have been a matter of common knowledge retroactively since the time of filing the application.

Article 4(1)A variety may not be registered, if the denomination of the applied-for variety (hereinafter referred to as "applied-for variety") falls under any of the following:

(2)A variety may not be registered if the propagating material or harvested material of the variety have been transferred in the course of business, in Japan earlier than one year before the date of application for variety registration, or in any foreign state earlier than four years before that date (or earlier than six years before that date in the case of a variety belonging to a genus or species of agricultural, forest or aquatic plant specified by Order of the Ministry of Agriculture, Forestry and Fisheries as a perennial plant); provided, however, that this does not apply if that transfer was made for the purpose of experimentation or research, or if that transfer was made against the will of the breeder.

Article 5(1)A person intending to obtain variety registration must submit an application stating the following to the Minister of Agriculture, Forestry and Fisheries pursuant to the provisions of Order of the Ministry of Agriculture, Forestry and Fisheries:

(2)The application set forth in paragraph (1) of this Article must be attached with a written explanation stating the particulars specified by Order of the Ministry of Agriculture, Forestry and Fisheries, and photographs of the applied-for variety, pursuant to the provisions of Order of the Ministry of Agriculture, Forestry and Fisheries.

(3)If two or more persons have bred a variety jointly, they must file an application for variety registration for the variety jointly.

Article 6(1)The applicant must pay an application fee in an amount specified by Order of the Ministry of Agriculture, Forestry and Fisheries within 47,200 yen per application.

(2)The provisions set forth in the preceding paragraph do not apply if the applicant is the national government (including incorporated administrative agencies provided by the Act on General Rules of Incorporated Administrative Agencies (Act No.103 of 1999) Article 2 paragraph (1) as specified by Cabinet Order as dealing with activities relating to breeding of varieties; the same applies to the following paragraph, Article 45 paragraphs (2) and (3), and Article 54 paragraph (2)).

(3)Notwithstanding the provisions of paragraph (1), if the national government and another person jointly file an application for variety registration and they have an agreement on the portion of their respective shares of the breeder's rights to be granted upon registration, the amount of the application fee set forth in that paragraph is calculated by multiplying the amount of the application fee specified by Order of the Ministry of Agriculture, Forestry and Fisheries as prescribed in that paragraph by the percentage of the share of that person, and that person must pay that amount.

(4)If there is a fraction of less than 10 yen in the amount of the application fee as calculated pursuant to the preceding paragraph, that fraction is to be discarded.

Article 7(1)The title of the applicant may be transferred.

(2)Any transfer of the title of an applicant does not have effect without notification to the Minister of Agriculture, Forestry and Fisheries under Order of the Ministry of Agriculture, Forestry and Fisheries, except in cases of inheritance or other general succession.

(3)If the title of applicant has been transferred as a result of inheritance or other general succession, the successor in title must notify the Minister of Agriculture, Forestry and Fisheries to that effect without delay pursuant to the provisions of Order of the Ministry of Agriculture, Forestry and Fisheries.

Article 8(1)Except for cases in which breeding of a variety by an employee, an executive officer of a corporation, or a national or local governmental officer (hereinafter referred to as "employee, etc."), by its nature, falls within the scope of the business of the employer, corporation, or national or local government (hereinafter referred to as "employer, etc."), and the actions which the employee, etc. has made for that breeding fall within the duties of the employee, etc. (the variety bred in that way is hereinafter referred to as the "variety bred in the course of duties"), any contract, service regulation or any other stipulation is null and void if it provides in advance that the employer, etc. is to file an application for variety registration for one which the employee, etc. has bred; the title of applicant under which the employee, etc. has filed application for variety registration is to be transferred to the employer, etc.; or if the employee, etc. obtains its variety registration, the breeder's right is to be transferred or an exclusive exploitation license is to be granted to the employer, etc.

(2)If it has been stipulated in advance in a contract, service regulation or any other stipulation that an employer, etc. is to file an application for variety registration of a variety bred in the course of duties, that employer, etc. is to have a status of being entitled to the variety registration for that variety bred in the course of duties.In this case, the relevant employee, etc. is entitled to receive a reasonable amount of monetary compensation and other economic benefits (referred to as "reasonable benefits" in the following paragraph).

(3)The content of reasonable benefits under the preceding paragraph must be determined in consideration of the benefits receivable by the employer, etc. from the variety bred in the course of duties, the extent to which the employer, etc. has made efforts for and contributed to the breeding of that variety, the treatment of employee, etc. and other circumstances.

(4)The provisions of the second sentence of paragraph (2) and the preceding paragraph apply mutatis mutandis if, based on any contract, service regulation or any other stipulation, the employer, etc. has filed an application for variety registration for the variety bred in the course of duties (excluding the case in paragraph (2)); an employer, etc. has had the title of applicant under which the employee, etc. filed application for variety registration transferred to that employer, etc.; or the employer, etc. has had the breeder's right transferred or an exclusive exploitation license granted to them, after the employee, etc. obtained a variety registration.

(5)If an employee, etc. or their successor has obtained a variety registration for a variety bred in the course of duties, their employer, etc. or a general successor of that employer, etc. is granted a non-exclusive exploitation license on the variety concerned.

Article 9(1)If two or more applications for variety registration have been filed in relation to an identical variety or to varieties that are not clearly distinguishable from each other by the expression of their characteristics, only the applicant that filed the application for variety registration first is entitled to obtain registration.

(2)If an application for variety registration has been withdrawn or dismissed, for the provisions of paragraph (1) of this Article to be applied, that application is deemed never to have been filed.

(3)For the provisions of paragraph (1) of this Article to be applied, an application for variety registration filed by a person who is not the breeder of the variety concerned is deemed not to be an application for variety registration.

Article 10A foreign national who has neither domicile nor residence (nor business office in the case of a corporation) in Japan may not enjoy breeder's rights or any other related rights, except in cases falling under any of the following items:

Article 10-2(1)Except for cases specified by Order of the Ministry of Agriculture, Forestry and Fisheries, a person that has neither domicile nor residence (nor a business office in the case of a corporation) in Japan (referred to as an "overseas resident" in the next paragraph) may not apply for variety registration or any other relevant procedures (the application for those procedures is simply referred to as "application procedure" in the following paragraph) unless going through an agent who has domicile or residence in Japan (referred to as "variety registration administrator" in the following paragraph).

(2)A variety registration administrator is to act as an agent for the entire application procedure; provided, however, that this does not apply if the overseas resident limits the scope of the authority of representation of the variety registration administrator.

Article 11(1)Any person listed in any of the following items may claim a right of priority at the time of filing the application, pursuant to the provisions of Order of the Ministry of Agriculture, Forestry and Fisheries in the cases prescribed in those items:

(2)If the applicant has claimed the right of priority in relation to an applied-for variety pursuant to the provisions of paragraph (1) of this Article, any application for variety registration, publication, transfer or any other acts made in relation to varieties which are identical to or not clearly distinguishable from the applied-for variety by the expression of its characteristics, within a period from the date of application in a state party or in a designated state to the date of the application for variety registration, does not constitute grounds for preventing registration for that variety.

Article 12(1)The Minister of Agriculture, Forestry and Fisheries may order applicants to correct applications for variety registration, designating an adequate time limit to do so, in any of the following cases:

(2)The Minister of Agriculture, Forestry and Fisheries may dismiss an application for variety registration, if the person who has been ordered to correct the application pursuant to the provisions of the preceding paragraph does not correct it within the designated time limit.

Article 13(1)If the Minister of Agriculture, Forestry and Fisheries receives an application for variety registration (or if an application for variety registration which the Minister has ordered to be corrected pursuant to the provisions of paragraph (1) of the preceding Article is corrected), the Minister must publish the application for variety registration without delay by issuing a public notice of the following:

(2)If the application for variety registration has been abandoned, withdrawn or dismissed after the publication of that application, or if that application has been rejected, the Minister of Agriculture, Forestry and Fisheries must issue a public notice of this.

Article 14(1)If the applicant has given warning by presenting a written statement setting forth the particulars for the applied-for variety after the publication of their application, and any other person has exploited that applied-for variety, a variety which is not clearly distinguishable from the applied-for variety by the expression of its characteristics, or a variety to which the provisions of each item of Article 20, paragraph (2) would apply if the applied-for variety were registered, in the course of their business, after the warning and prior to the variety registration, the applicant may claim compensation against that other person in an equivalent to the amount which the applicant would be entitled to receive if that applied-for variety were registered. Even in the absence of such warning, the same applies to a person that has exploited an applied-for variety (including a variety which is not clearly distinguishable from the applied-for variety by the expression of its characteristics, and a variety to which the provisions of each item of Article 20, paragraph (2) would apply if the applied-for variety were registered; the same applies hereinafter in this Article) in the course of business with knowledge that the variety which that person exploited was an applied-for variety to be made public, prior to the variety registration.

(2)The right to claim compensation prescribed in the preceding paragraph may be exercised only after registration of the relevant variety.

(3)Exercising a right to claim compensation prescribed in paragraph (1) does not preclude exercising breeder's rights.

(4)If an application for variety registration has been abandoned, withdrawn or dismissed after publication of the application; the application has been rejected; the variety registration has been canceled pursuant to the provisions of Article 49, paragraph (1), item (i) or (iv); a decision to cancel the variety registration has become final and binding, which upholds the grounds for the objection to the registration under the Administrative Appeal Act (Act No. 160 of 1962); or a judgment to cancel or to confirm nullity of the variety registration has become final and binding, the right to claim compensation under paragraph (1) is deemed not to exist.

(5)Articles 36 through 38, and 40 through 43 of this Act as well as Articles 719 and 724 of the Civil Code (Act No. 89 of 1896) apply mutatis mutandis to exercising the right to claim compensation as prescribed in paragraph (1) of this Article.In this case, if a holder of the right to claim compensation has become aware of the fact that the variety which that holder has applied for in the variety registration had been exploited and of the person that had exploited that variety prior to the registration of that variety, the term "the time when the victim or their legal representative became aware of such damage and perpetrator" in Article 724 of that Code is deemed to be replaced with "the date of variety registration."

Article 15(1)The Minister of Agriculture, Forestry and Fisheries may order an applicant to submit all or part of a plant of the applied-for variety, or other material necessary for examination of the applied-for variety.

(2)Upon conducting the examination of the applied-for variety, the Minister of Agriculture, Forestry and Fisheries is to have officers of the Ministry of Agriculture, Forestry and Fisheries carry out on-site inspections, or have the National Agriculture and Food Research Organization (hereinafter referred to as "NARO") carry out growing trial; provided, however, this does not apply if it is found unnecessary to do so for the examination of the applied-for variety.

(3)The Minister of Agriculture, Forestry and Fisheries may request the relevant administrative organs, educational institutions or other persons whom the Minister finds appropriate, to carry out on-site inspections prescribed in the preceding paragraph.

(4)Items to be tested, means of testing, and other particulars necessary for the carrying-out of the growing tests set forth in paragraph (2) are specified by Order of the Ministry of Agriculture, Forestry and Fisheries.

(5)The NARO may request the relevant administrative organs, educational institutions or other persons whom it finds appropriate, to carry out growing tests prescribed in paragraph (2), with the consent of the Minister of Agriculture, Forestry and Fisheries.

(6)If the Minister of Agriculture, Forestry and Fisheries finds it necessary to do so in order to ensure the proper carrying-out of the growing tests prescribed in paragraph (2), the Minister may issue necessary orders for the growing tests to the NARO.

Article 16(1)If the denomination of the applied-for variety falls under any of the items of Article 4, paragraph (1), the Minister of Agriculture, Forestry and Fisheries may order the applicant to change it to another denomination which does not fall under any of the items of that paragraph, and designate an adequate time limit to do so.

(2)If the denomination has been changed pursuant to the provisions of the preceding paragraph after publication of the application, the Minister of Agriculture, Forestry and Fisheries must issue a public notice of this.

Article 17(1)If an application for variety registration falls under any of the following items, the Minister of Agriculture, Forestry and Fisheries must reject the application in writing:

(2)If the Minister of Agriculture, Forestry and Fisheries intends to reject an application for variety registration pursuant to the provisions of the preceding paragraph, the Minister must notify the applicant of the reason for the rejection and give that applicant an opportunity to submit a written opinion, designating an adequate time limit to do so.

Article 18(1)The Minister of Agriculture, Forestry and Fisheries must register the variety unless the application for variety registration is rejected pursuant to the provisions of paragraph (1) of the preceding Article.

(2)A variety registration is completed upon the entry of the following particulars in the Registry of Varieties:

(3)If the Minister of Agriculture, Forestry and Fisheries has registered a variety pursuant to the provisions of paragraph (1), the Minister must notify the person that obtains the variety registration to that effect, and issue a public notice of the particulars prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.

Article 19(1)A breeder's right becomes effective upon variety registration.

(2)The duration of a breeder's right is twenty-five years (or thirty years, in the case of varieties provided for in Article 4, paragraph (2)) from the date of variety registration.

Article 20(1)The holder of a breeder's right has an exclusive right to exploit the variety which is registered (hereinafter referred to as "registered variety") and varieties which are not clearly distinguishable from the registered variety by the expression of their characteristics, in the course of business; provided, however, that, if the holder of a breeder's right has granted an exclusive exploitation license on the breeder's right to another person, this does not apply to the extent where that other person is granted the exclusive right to exploit those varieties.

(2)The holder of the breeder's right for a registered variety also has the exclusive exploitation right to varieties related to that registered variety as described in following items, the scope of which is the same as the right which the breeders of those varieties would be granted if those breeders have obtained their variety registration.In this case, the proviso of the preceding paragraph applies mutatis mutandis:

(3)If a registered variety is bred by changing the partial expression of the characteristics of a variety other than the registered variety by methods specified by Order of the Ministry of Agriculture, Forestry and Fisheries prescribed in item (i) of the preceding paragraph with the expression of its essential characteristics retained, for the provisions of paragraph (2) of this Article and Article 21, paragraph (2) to be applied, the phrases "following items" in paragraph (2) of this Article and "each item of paragraph (2) of Article 20" in Article 21, paragraph (2) are deemed to be replaced with "item (ii)" and "Article 20, paragraph (2), item (ii)," respectively.

Article 21(1)The effects of a breeder's right do not extend to the following acts:

(2)If the holder of the breeder's right, exclusive exploitation license, or non-exclusive exploitation license has transferred a registered variety, variety which is not clearly distinguishable from the registered variety by the expression of its characteristics, or variety listed in each item of the preceding two paragraphs for the registered variety (hereinafter collectively referred to as "registered variety, etc.") to a person prescribed by Cabinet Order that engages in agriculture, and that person has obtained harvested material through using propagating material from the relevant registered variety, etc. and continues to use that harvested material as propagating material for the next production cycle in their agricultural management, the effects of the breeder's rights do not extend to that propagating material used for the next production cycle, material harvested through using it, and processed products made from such harvested material; provided, however, that this does not apply in cases in which it is otherwise agreed upon by a contract.

(3)The provisions of the preceding paragraph do not apply if the relevant person uses propagating material of a variety which belongs to any one of the genera or species designated by Order of the Ministry of Agriculture, Forestry and Fisheries as being made through vegetative propagation.

(4)If propagating material, harvested material or processed products of a registered variety, etc. have been transferred as the result of the acts by the holder of the breeder's right, exclusive exploitation license or a non-exclusive exploitation license, or as the result of the acts listed in any of the items of paragraph (1), the effects of the breeder's right for the registered variety in question do not extend to the exploitation of the transferred propagating material, harvested material or processed products; provided, however, that this does not apply to further propagation of that registered variety, etc., to the exporting of propagating material of the registered variety in question to a state which does not provide protection for breeding that registered variety, or to the exporting of material harvested from that registered variety to that state for a purpose other than final consumption.

Article 21-2(1)In the cases listed in the following items, a person that intends to obtain a variety registration may file a notification describing the particulars specified in those items to the Minister of Agriculture, Forestry and Fisheries at the same time as the application for the variety registration, pursuant to the provisions of Order of the Ministry of Agriculture, Forestry and Fisheries, in order to secure appropriate exercise of the breeder's right for that variety registration:

(2)The person that has filed a notification under the preceding paragraph (including their successor in title; the same applies to paragraphs (1) and (2) of the following Article, and Article 21-4, paragraphs (1) and (2)) may notify the Minister of Agriculture, Forestry and Fisheries to the effect that all or part of the designation as the designated state or designated area for that notification will be cancelled, only before a public notice under the following paragraph is issued (limited to public notices made in conjunction with public notices under Article 13, paragraph (1)).

(3)If a notification under paragraph (1) has been filed, the Minister of Agriculture, Forestry and Fisheries must issue a public notice of the particulars listed in Article 13, paragraph (1), items (i) through (iv) and the particulars for that notification (or if a notification has been filed under the preceding paragraph, the particulars after the changes for that notification; hereinafter the same applies to this paragraph, the following paragraph, and Article 21-4, paragraph (3)) or the particulars listed in Article 18, paragraph (2), items (i), (ii), (iii) and (vi) and the particulars for that notification, in conjunction with public notices under Article 13, paragraph (1) or Article 18, paragraph (3).

(4)When having made a public notice under the preceding paragraph (limited to a public notice made in conjunction with the one under Article 18, paragraph (3)), the Minister of Agriculture, Forestry and Fisheries is to state the particulars for the notification under paragraph (1) and the date on which that public notice was issued, in the Registry of Varieties.

(5)On or after the day following the day on which the Minister of Agriculture, Forestry and Fisheries makes a public notice prescribed in the preceding paragraph, when transferring the propagating material of a registered variety subject to that public notice, a person that transfers a propagating material of a registered variety in the course of business must put the label under Article 55, paragraph (1) and also the label indicating that the acts prescribed in paragraph (1), item (i), (b), or item (ii), (b) in relation to that propagating material are prohibited and that public notice has been issued on this matter, on that propagating material or its package, pursuant to the provisions of Order of the Ministry of Agriculture, Forestry and Fisheries.

(6)In accordance with Order of the Ministry of Agriculture, Forestry and Fisheries, on or after the day following the day on which the Minister of Agriculture, Forestry and Fisheries makes a public notice prescribed in paragraph (4), a person that engages in exhibiting or advertising the propagating material of a registered variety for the transfer in the course of business must put the label under Article 55, paragraph (2), and also the label indicating that the acts prescribed in paragraph (1), item (i), (b) or (ii), (b) in relation to that propagating material are prohibited, and that public notice has been issued on this matter, on that propagating material or its package, if the person exhibits it for the transfer; or must give an indication to that effect in advertisement, if the person advertises it for transfer.

(7)Notwithstanding the provisions of the main clause of paragraph (4) of the preceding Article, on or after the day following the day on which the Minister of Agriculture, Forestry and Fisheries issues a public notice prescribed in paragraph (4), the effects of the breeder's right extends to the acts prescribed in paragraph (1), item (i), (b), or item (ii), (b) for the registered variety, etc. subject to that public notice (hereinafter referred to as "acts of export, etc.").

Article 21-3(1)If a person that filed a notification under paragraph (1) of the preceding Article finds it necessary to add a designated state or designated area for the relevant registered variety after the public notice prescribed in Article 21-2, paragraph (4) has been made, the person may notify the Minister of Agriculture, Forestry and Fisheries to the effect that the person adds a designated state or designated area, pursuant to the provisions of Order of the Ministry of Agriculture, Forestry and Fisheries.

(2)Only before a public notice under the following paragraph is issued, a person that filed a notification under the preceding paragraph may notify the Minister of Agriculture, Forestry and Fisheries to the effect that the person cancels all or part of the addition of a designated state or designated area for that notification.

(3)If a notification under paragraph (1) has been filed (excluding the cases where there is a notification under the preceding paragraph that all of the addition of a designated State or designated area is cancelled), the Minister of Agriculture, Forestry and Fisheries must issue a public notice of the particulars listed in Article 18, paragraph (2), items (i) through (iii) and (vi) for that registered variety, and the particulars for that notification (or if a notification under the preceding paragraph has been filed, the particulars after the changes for that notification; the same applies to the following paragraph, and paragraph (3) of the following Article) .

(4)When having made a public notice under the preceding paragraph, the Minister of Agriculture, Forestry and Fisheries is to state the particulars for the notification under paragraph (1) and the date on which that public notice was issued, in the Registry of Varieties.

(5)On or after the day following the day on which the Minister of Agriculture, Forestry and Fisheries issues a public notice under paragraph (3), the provisions of paragraph (7) of the preceding Article do not apply to the acts of export, etc. for the designated state or designated area that was added for the registered variety, etc. subject to that public notice.

Article 21-4(1)A person that filed a notification under Article 21-2, paragraph (1) may notify the Minister of Agriculture, Forestry and Fisheries to the effect that the person will withdraw that notification, pursuant to the provisions of Order of the Ministry of Agriculture, Forestry and Fisheries, if the person finds that there is no longer the need to impose prohibition on the acts of export, etc. with regard to the registered variety, after the public notice under Article 21-2, paragraph (4) has been issued.

(2)Only before a public notice under the following paragraph is issued, a person that filed a notification under the preceding paragraph may notify the Minister of Agriculture, Forestry and Fisheries to the effect that the person withdraws that notification.

(3)If a notification under paragraph (1) (excluding the cases in which a notification under the preceding paragraph has been filed) has been issued, the Minister of Agriculture, Forestry and Fisheries must make a public notice of the particulars listed in Article 18, paragraph (2), items (i) through (iii) and (vi) for that registered variety, of the particulars for notification under Article 21-2, paragraph (1) (including the particulars for notification under paragraph (1) of the preceding Article), and to the effect that the notification under Article 21-2, paragraph (1) has been withdrawn.

(4)When having issued a public notice under the preceding paragraph, the Minister of Agriculture, Forestry and Fisheries is to state the fact that the notification under Article 21-2, paragraph (1) has been withdrawn and the date on which that public notice has been issued, in the Registry of Varieties.

(5)On or after the day following the day on which the Minister of Agriculture, Forestry and Fisheries makes a public notice under paragraph (3), the provisions of Article 21-2, paragraphs (5) and (6) do not apply to the label on the relevant propagating material of the registered variety.

(6)On or after the day following the day on which the Minister of Agriculture, Forestry and Fisheries makes a public notice under paragraph (3), the provisions of Article 21-2, paragraph (7) do not apply to the acts of export, etc. with regard to the relevant registered variety, etc.

Article 22(1)If any person offers for transfer or transfers propagating material of a registered variety (including varieties whose registration has already expired: the same applies hereinafter in this Article) in the course of business, the person must use the denomination of that registered variety (or if the denomination has been changed pursuant to the provisions of Article 48, paragraph (2), the denomination as changed).

(2)If, in the course of business, any person offers for transfer or transfers propagating material of a non-registered variety which belongs to the genus or species of agricultural, forest or aquatic plants to which a registered variety belongs, or to the genus or species of agricultural, forest or aquatic plants specified by Order of the Ministry of Agriculture, Forestry and Fisheries as similar to those to which a registered variety belongs, that person must not use a denomination of that registered variety.

Article 23(1)If a breeder's right is held jointly, each of its joint holders may neither transfer their share nor give it as a pledge without the consent of all the other joint holders.

(2)Unless otherwise agreed upon by a contract, if a breeder's right is held jointly, each of its joint holders may exploit the registered variety, etc. without the consent of the other joint holders.

(3)If a breeder's right is held jointly, each of its joint holders may not grant an exclusive exploitation license on the breeder's right or grant its non-exclusive exploitation license to any other person without the consent of all the other joint holders.

Article 24A breeder's right is extinguished in the following cases:

Article 25(1)The holder of a breeder's right may grant an exclusive exploitation license on their breeder's right to another person.

(2)The holder of an exclusive exploitation license has an exclusive right to exploit the registered variety, etc. for the exclusive exploitation license in the course of business to the extent provided for in the act granting the exclusive license.

(3)It is permissible for an exclusive exploitation license to be transferred together with the transfer of the business in which the variety is exploited, only if it is with the consent of the holder of the breeder's right, or it is as a result of inheritance or other general succession.

(4)The holder of an exclusive exploitation license may give the exclusive license as a pledge or grant a non-exclusive exploitation license on the exclusive exploitation license only with the consent of the holder of the breeder's right.

(5)The provisions of Article 23 apply mutatis mutandis to exclusive exploitation license.

Article 26(1)A holder of a breeder's right may grant a non-exclusive exploitation license on their breeder's right to another person.

(2)The holder of a non-exclusive exploitation license has the right to exploit the relevant registered variety, etc. in the course of business pursuant to the provisions of this Act or to the extent provided for in the act granting the non-exclusive license.

Article 27A person that has bred, earlier than the breeder of a registered variety, a variety that is identical to the registered variety or is not clearly distinguishable from that by the expression of its characteristics, has a non-exclusive exploitation license on the breeder's right for that registered variety.

Article 28(1)If a registered variety, etc. has not been adequately exploited continuously for two years or more in Japan, or if the exploitation of a registered variety etc. is particularly necessary for the public interest, a person who intends to exploit that registered variety etc. in the course of business may request the holder of the breeder's right or the holder of an exclusive exploitation license for that registered variety to hold consultations concerning granting a non-exclusive exploitation license thereon.

(2)If no agreement has been reached through the consultations set forth in paragraph (1) of this Article, or a consultation could not take place, the person in that paragraph may apply to the Minister of Agriculture, Forestry and Fisheries for arbitration.

(3)If an application for the arbitration prescribed in paragraph (2) of this Article has been filed, the Minister of Agriculture, Forestry and Fisheries must make this public and notify the holder of the breeder's right, the holder of an exclusive exploitation license, or other persons that have any relevant right registered to that effect in writing, and must give them an opportunity to state their opinion, designating an adequate time limit in which to do so.

(4)If an application under paragraph (2) has been filed, the holder of a non-exclusive exploitation license may state opinion within the period of time prescribed in the preceding paragraph.

(5)Unless the Minister of Agriculture, Forestry and Fisheries finds the exploitation of a registered variety, etc. particularly necessary for the public interest, the Minister must not issue arbitration award to the effect that a non-exclusive exploitation license should be established on that registered variety, etc. if there is any justifiable grounds for the registered variety, etc. not to have been appropriately exploited.

(6)Before issuing arbitration award set forth in paragraph (2) of this Article, the Minister of Agriculture, Forestry and Fisheries must hear the opinions of the Agricultural Materials Council.

(7)An arbitration award to the effect that a non-exclusive exploitation license should be granted must set forth the scope of the non-exclusive exploitation license, the amount of its consideration, and the method of its payment.

(8)Having issued an arbitration award in accordance with paragraph (2), the Minister of Agriculture, Forestry and Fisheries must notify the parties, other persons that have rights registered in relation to the registered variety, and the holder of a non-exclusive exploitation license that stated opinion pursuant to paragraph (4), to that effect.

(9)Upon the notification of the arbitration award prescribed in paragraph (7) being made to the parties pursuant to the provisions of the preceding paragraph, an agreement is deemed to have been reached between the parties concerned as provided in that arbitration award.

Article 29(1)Except for non-exclusive exploitation licenses granted by arbitration set forth in paragraph (2) of the preceding Article, it is permissible for a non-exclusive license to be transferred together with the transfer of the business in which the variety is exploited, if it is with the consent of the holder of the breeder's right (or in the case of a non-exclusive exploitation license established on an exclusive exploitation license, with the consent of both the holder of the breeder's right and the holder of that exclusive exploitation license; the same applies also to the following paragraph), or if it is as a result of inheritance or other general succession.

(2)The holder of a non-exclusive exploitation license, with the exception of those granted by arbitration set forth in paragraph (2) of the preceding Article, may give that non-exclusive exploitation license as a pledge only with the consent of the holder of the breeder's right.

(3)A non-exclusive exploitation license which has been granted by arbitration set forth in paragraph (2) of the preceding Article may be transferred only together with the business in which the variety is exploited.

(4)The provisions of Article 23, paragraphs (1) and (2) apply mutatis mutandis to non-exclusive exploitation license.

Article 30(1)If a breeder's right or an exclusive or non-exclusive exploitation license is given as a pledge, the pledgee may not exploit the registered variety, etc. unless otherwise agreed upon by a contract.

(2)A pledge on a breeder's right, an exclusive exploitation license or a non-exclusive exploitation license may be enforced against consideration to be paid for the breeder's right or the exclusive or non-exclusive exploitation license or against money or other goods that the holder of the breeder's right or of the exclusive exploitation license would be entitled to receive for the exploitation of the registered variety, etc.; provided, however, that the pledgee must attach the money or goods prior to their payment or delivery.

Article 31(1)If there is any holder of an exclusive exploitation license, any pledgee or any holder of non-exclusive exploitation license under Article 8, paragraph (5), Article 25, paragraph (4), or Article 26, paragraph (1), the holder of the breeder's right may waive their breeder's right only with the consent of all of those persons.

(2)If there is any pledgee or any holder of a non-exclusive exploitation license under Article 25, paragraph (4), the holder of the exclusive exploitation license may waive their exclusive exploitation license only with the consent of all those persons.

(3)If there is any pledgee, the holder of the non-exclusive exploitation license may waive their non-exclusive exploitation license only with the pledgee's consent.

Article 32(1)The following have no effect unless they are registered:

(2)In cases of inheritance or other general succession referred to in each item of the preceding paragraph, the Minister of Agriculture, Forestry and Fisheries must be notified of that fact without delay pursuant to the provisions of the Order of the Ministry of Agriculture, Forestry and Fisheries.

Article 32-2A non-exclusive exploitation license is also effective on any person that acquires the breeder's right or exclusive license, or is granted the exclusive exploitation license on the breeder's right which has been acquired, after the non-exclusive license is made effective.

Article 33(1)The holder of a breeder's right or exclusive exploitation license may demand a person that infringes or is likely to infringe their breeder's right or exclusive exploitation license to discontinue or refrain from that infringement.

(2)The holder of a breeder's right or exclusive exploitation license, in making the demand prescribed in the preceding paragraph, may demand the destruction of the propagating material, the harvested material or the processed products whose existence constitutes the act of infringement, or the objects used in the act of infringement, or other measures necessary for the prevention of that infringement.

Article 34(1)If the holder of a breeder's right or of an exclusive exploitation license on which another person has intentionally or negligently infringed claims compensation for their damage caused by that infringement against that other person, and that person has transferred the propagating material, the harvested material or the processed products whose existence constitutes the relevant infringement, the amount of damage suffered by the relevant holder may be presumed to be the amount arrived at when the quantity of the propagating material, harvested material or processed products transferred (hereinafter referred to in this paragraph as the "transferred quantity") is multiplied by the profit per unit of the material or products which that holder would have sold if there had been no such act of infringement, within the limit attainable by that holder in consideration of their capability to exploit those materials or products; provided, however, that, if any circumstances exist under which that holder could not have sold the number of the relevant material or products equivalent to all or part of the transferred quantity, the amount corresponding to the quantity which would not have been sold due to those circumstances is to be deducted.

(2)If the holder of a breeder's right or exclusive exploitation license on which another person has intentionally or negligently infringed claims compensation for their damage caused by that infringement against that other person, and profit has been gained as a result of the act of infringement, the amount of profit is presumed to be the amount of damage suffered by that holder.

(3)The holder of a breeder's right or exclusive exploitation license on which another person has intentionally or negligently infringed may claim compensation for their damage caused by that infringement against that other person in the amount equivalent to money which that holder would be entitled to receive from the exploitation of the registered variety, etc.

(4)The provisions of the preceding paragraph do not preclude a claim for compensation for damage in an amount exceeding the amount provided for in that paragraph. In such a case, if the infringer of the breeder's right or exclusive exploitation license did not commit the relevant infringement intentionally or with gross negligence, the court may take those circumstances into consideration in determining the amount of damages.

Article 35A person that has infringed on a breeder's right or an exclusive exploitation license of another person is presumed to have been negligent in committing that act of infringement.

Article 36In litigation for the infringement of a breeder's right or an exclusive exploitation license, in order to deny the specific circumstances in which its holder claims the existence of the propagating material, harvested material or processed products constitutes the act of infringement, the opponent must clarify the specific circumstances of their act; provided, however, that this does not apply if the opponent has reasonable grounds for being unable to do so.

Article 37(1)In litigation for the infringement of a breeder's right or an exclusive exploitation license, upon the petition of a party, the court may order the other party to submit documents necessary for proving that act of infringement or for calculating of the damages caused by that act of infringement; provided, however, that this does not apply if the person possessing the documents has justifiable grounds for refusing the submission of those documents.

(2)If the court finds it necessary for determining whether the documents subject to the petition in the main clause of the preceding paragraph fall under documents referred to in the main clause of the same paragraph or whether there are justifiable grounds as provided in the proviso of the same paragraph, the court may have the person possessing the relevant documents to present them.In this case, no person may request the disclosure of the documents presented.

(3)In the case referred to in the preceding paragraph, if the court finds it necessary to disclose the documents referred to in the second sentence of the preceding paragraph and hear opinions on whether the documents subject to the petition in the main clause of the paragraph (1) fall under documents referred to in the main clause of the same paragraph or whether there are justifiable grounds as provided in the proviso of the same paragraph, the court may disclose the documents to the parties, etc. (meaning the parties (or in the case of corporations, their representatives), their agents (excluding counsels and assistants in court), or their employees or any other workers; the same applies hereinafter), their counsels, or their assistants in court.

(4)In the case referred to in paragraph (2), if the court finds it necessary to hear explanations based on expert knowledge by disclosing the documents referred to in the second sentence of the same paragraph, the court may disclose those documents to the technical advisers as provided in Part I, Chapter V, Section 2, Subsection 1 of the Code of Civil Procedure (Act No. 109 of 1996), upon the consent of the parties.

(5)The provisions in each of the preceding paragraphs apply mutatis mutandis to the presentation of purposes of inspection necessary for proving the act of infringement in litigation for the infringement of a breeder's right or an exclusive exploitation license.

Article 38In litigation for the infringement of a breeder's right or an exclusive exploitation license, if, upon the petition of a party, the court orders an expert opinion necessary for the calculation of the damage caused by that act of infringement, the other party must explain to the expert witness the particulars necessary for the expert opinion.

Article 39In litigation for the infringement of a breeder's right or an exclusive exploitation license, if the court has determined that damage actually arose and it is extremely difficult for the holder of a breeder's right or exclusive exploitation license to prove the facts necessary for proving the amount of damage due to the nature of the facts, the court may determine a reasonable amount of damages based on the entire oral argument and examination of evidence.

Article 40(1)In litigation for the infringement of a breeder's right or an exclusive exploitation license, if there has been a prima-facie showing that trade secrets (meaning trade secrets as provided in Article 2, paragraph (6) of the Unfair Competition Prevention Act (Act No. 47 of 1993), the same applies hereinafter) possessed by a party satisfy all of the following conditions, the court, upon the petition of the party and by means of a ruling, may order that the parties, etc., their counsels or their assistants in courts neither use the trade secrets for any purpose other than those for the proceedings of the litigation nor disclose the trade secrets to any person other than those that receive the order under this paragraph which relates the trade secrets; provided, however, that this does not apply if the parties, etc., their counsels or their assistants in courts have already obtained or held the trade secrets prior to the filing of the petition by means other than by reading of the briefs under item (i) or through the examination or disclosure of evidence under that item:

(2)A petition for the order under the preceding paragraph (hereinafter referred to as "confidentiality protective order") must be made in writing and specify the following:

(3)If a confidentiality protective order is issued, its written ruling must be served to the person to whom the confidentiality protective order is issued.

(4)A confidentiality protective order takes effect when the written ruling is served to the person to whom the confidentiality protective order is issued.

(5)A judicial decision dismissing a petition for a confidentiality protective order may be immediately appealed against.

Article 41(1)A person that has filed a petition for a confidentiality protective order or to whom a confidentiality protective order has been issued may file a petition to rescind the confidentiality protective order with the court where the case record is kept (or in the case of no such court, with the court issuing the confidentiality protective order), on the grounds that the requirements as provided in paragraph (1) of the preceding Article are not met or are no longer met.

(2)If a judicial decision on a petition for the rescission of a confidentiality protective order is rendered, its written ruling must be served to the person that has filed the petition and the opposing party.

(3)A judicial decision on a petition for the rescission of a confidentiality protective order may be immediately appealed against.

(4)A judicial decision to the effect that a confidentiality protective order is to be rescinded has no effect unless the judicial decision becomes final and binding.

(5)If the court has made a judicial decision rescinding a confidentiality protective order, and in the litigation in which that confidentiality protective order was issued, any person other than the person filing the petition for the rescission of the confidentiality protective order or the opponent received that confidentiality protective order, the court must immediately notify that person of the fact that the judicial decision to the effect that the confidentiality protective order is to be rescinded has been rendered.

Article 42(1)If a ruling under Article 92, paragraph (1) of the Code of Civil Procedure was rendered for the case record in a litigation in which a confidentiality protective order was issued (excluding cases in which all confidentiality protective orders have been rescinded), a party has requested inspection, etc. of a part of the record containing the confidential information under that paragraph, and the person that followed the procedures for that request has not received the confidentiality protective order in the relevant litigation, the court clerk must notify the party that filed the petition under that paragraph (excluding the person who filed the request; the same applies in paragraph (3)) of the fact that the request has been filed, immediately after the filing of the request.

(2)In cases under the preceding paragraph, the court clerk must not allow the person that followed the procedures for the request to inspect, etc. the part containing confidential information before two weeks have passed from the date of filing that request (or if, prior to the day in which two weeks have passed, a petition for a confidentiality protective order is filed against the person who followed the procedures for the request, before the judicial decision on the petition becomes final and binding).

(3)The provisions of preceding two paragraphs do not apply if all the parties who filed a petition under Article 92, paragraph (1) of the Code of Civil Procedure give consent to allow the person that filed a request under paragraph (1) to inspect, etc. the part containing confidential information.

Article 43(1)If a party, etc., to litigation for the infringement of a patent right or exclusive exploitation license is to be examined as a party to the litigation, its statutory representative or a witness, on particulars that are a basis for the determining whether or not that infringement occurred, and are trade secrets possessed by a party; and if the court, upon the unanimous agreement of all judges, finds that the parties, etc. will be unable to make sufficient statements regarding those particulars because it is clear that doing so in an open examination will significantly interfere with the business activities of the relevant party, and that a proper decision on that infringement, which should be made based on those particulars, cannot be made without the statement by the party, etc. and based solely on other evidence, the court may hold closed examinations of those particulars by a ruling.

(2)In rendering the ruling as provided in the preceding paragraph, the court must hear the opinions of the parties, etc. in advance.

(3)In cases under the preceding paragraph, if necessary, the court may have the parties, etc., present documentation stating the outline of particulars to be stated. In such a case, no person may request the disclosure of the document presented.

(4)If the court finds it necessary to hear opinions by disclosing the documents referred to in the second sentence of the preceding paragraph, the court may disclose those to the parties, etc., their counsel or their assistants in court.

(5)If examination on certain particulars is to be closed under paragraph (1), the court must state this and reasons therefor prior to requiring the public to leave the court. Upon completion of the examination on those particulars, the court must allow the public to re-enter the court.

Article 44Upon the request of the holder of a breeder's right or exclusive exploitation license, the court may order the person that has harmed the credit of that holder by intentionally or negligently infringing their right or license to take measures necessary to recover that credit, in lieu of compensation for damage or in addition thereto.

Article 45(1)The holder of a breeder's right must pay a registration fee in an amount specified by Order of the Ministry of Agriculture, Forestry and Fisheries within 36,000 yen for each variety registration each year until the expiration of the duration as provided in Article 19, paragraph (2).

(2)The provisions of paragraph (1) of the preceding Article do not apply if the holder of a breeder's right is the national government.

(3)Notwithstanding the provisions of paragraph (1), if the national government and another person jointly hold a breeder's right and they have an agreement on the sharing of the breeder's right, the amount of the registration fee set forth in that paragraph is calculated by multiplying the amount of the registration fee specified by Order of the Ministry of Agriculture, Forestry and Fisheries as prescribed in that paragraph by the percentage of the share of that other person, and that person must pay that amount.

(4)If there is a fraction less than 10 yen in the amount of the registration fee as calculated pursuant to the preceding paragraph, that fraction is to be discarded.

(5)The registration fee under paragraph (1) for the first year must be paid within 30 days from the date under Article 18, paragraph (3).

(6)The registration fee under paragraph (1) for each year after the second year must be paid by the end of the previous year.

(7)If the holder of the breeder's right fails to pay registration fee within the time limit prescribed in the preceding paragraph, the holder may make a late payment of the registration fee within 6 months after the expiration of that time limit.

(8)The holder of a breeder's right that makes a late payment of the registration fee pursuant to the provision of the preceding paragraph must pay, in addition to the registration fee to be paid under paragraph (1), a registration surcharge of the same amount as the registration fee.

Article 46(1)An interested person may pay a registration fee even against the will of the holder of the breeder's right.

(2)The interested person that has paid the registration fee pursuant to the provisions of the preceding paragraph may claim reimbursement of the expenses within the limit of the actual profit gained by the holder of the breeder's right.

Article 47(1)The Minister of Agriculture, Forestry and Fisheries may order the holder of a breeder's right or of an exclusive exploitation license to submit all or part of plants of the registered variety or other material, if the Minister finds it necessary to do so in order to verify whether the expression of the characteristics of the registered variety is being maintained.

(2)The Minister of Agriculture, Forestry and Fisheries is to have officers of the Ministry of Agriculture, Forestry and Fisheries carry out on-site inspections or have the NARO carry out growing tests in the case prescribed in the preceding paragraph.

(3)The provisions of Article 15, paragraphs (3) through (6) apply mutatis mutandis to the on-site inspections or growing tests set forth in the preceding paragraph.

Article 48(1)If it is found that the denomination of a registered variety falls under any of Article 4, paragraph (1), items (ii) through (iv), the Minister of Agriculture, Forestry and Fisheries may order the holder of the breeder's right to submit another denomination which does not fall under any of the items of that paragraph, designating an adequate time limit in which to do so, upon the request of an interested person or by the Minister's authority.

(2)If a denomination falling under none of the items of Article 4, paragraph (1) has been submitted pursuant to the provisions of the preceding paragraph, the Minister of Agriculture, Forestry and Fisheries must change the denomination of that registered variety to the submitted denomination by entering it in the Registry of Varieties.

(3)If the Minister of Agriculture, Forestry and Fisheries has changed the denomination of a registered variety pursuant to the provisions of the preceding paragraph, the Minister must notify the holder of the breeder's right for that registered variety to that effect and make this public.

Article 49(1)The Minister of Agriculture, Forestry and Fisheries must rescind a variety registration in any one of the following cases:

(2)In conducting a hearing for the rescission of a variety registration pursuant to any of items (i), (ii), (iii), (vi), or (vii) of the preceding paragraph, a notice must be given to the holder of an exclusive exploitation license or of any other rights registered in relation to the breeder's right for that variety registration pursuant to Article 15, paragraph (1) of the Administrative Procedure Act (Act No. 88 of 1993), and public notice of the date of hearing and the place must be issued within a reasonable period of time before the date of hearing.

(3)If the persons prescribed in paragraph (2) or the holders of a non-exclusive exploitation license for the breeder's right for the variety registration in the same paragraph request to participate in that hearing, the chairperson of the hearing set forth in the preceding paragraph must permit their participation under Article 17, paragraph (1) of the Administrative Procedure Act.

(4)If the variety registration has been rescinded pursuant to the provisions of paragraph (1), the breeder's right is extinct at the time of cancellation; provided, however, that in a case under any of the following items, the breeder's right is deemed to have been extinct retroactively from the time specified:

(5)If a variety registration has been canceled pursuant to the provisions of paragraph (1), the Minister of Agriculture, Forestry and Fisheries must notify the holder of the breeder's right for that variety registration to that effect and make this public.

(6)The provisions of Chapter III (excluding Articles 12 and 14) of the Administrative Procedure Act do not apply to the rescission of a variety registration under paragraph (1), item (iv) or (v).

Article 50For a breeder's right or any other rights relating to a breeder's right held by a person who has neither domicile nor residence (nor a business office, in the case of a corporation) in Japan, the location of the Ministry of Agriculture, Forestry and Fisheries is deemed to be the location of the property under Article 5, paragraph (4) of the Code of Civil Procedure.

Article 51(1)The provisions of Article 18 of the Administrative Appeal Act (Act No. 68 of 2014) do not apply to requests for the examination of variety registration.

(2)For the proceedings on the variety registration subject to the request for the examination to be initiated, a notice must be given to the holder of the breeder's right, the exclusive exploitation license, or any other rights registered, and public notice of this must be issued, within a reasonable period of time in advance.

(3)If the person that received a notice under the preceding paragraph or the holder of a non-exclusive exploitation license for the breeder's right for the variety registration in the same paragraph requests to participate in the proceedings initiated upon the relevant request for examination, a review officer set forth in Article 11, paragraph (2) of the Administrative Appeal Act must permit them to do so.

Article 52(1)The following particulars are registered in the Register of Varieties kept at the Ministry of Agriculture, Forestry and Fisheries:

(2)Beyond what is provided for in this Act, particulars necessary for variety registration and the Registry of Varieties are prescribed by Order of the Ministry of Agriculture, Forestry and Fisheries.

Article 53(1)Any person may file a request for any of the following from the Minister of Agriculture, Forestry and Fisheries, pursuant to the provisions of Order of the Ministry of Agriculture, Forestry and Fisheries:

(2)The provisions of the Act on Access to Information Held by Administrative Organs (Act No. 42 of 1999) do not apply to the Registry of Varieties, to applications under Article 5, paragraph (1), or to photographs or other material attached to them (referred to in the following paragraph as "the Registry of Varieties, etc.")

(3)The provisions of Chapter 4 of the Act on the Protection of Personal Information Held by Administrative Organs (Act No. 58 of 2003) do not apply to personal information possessed (meaning personal information possessed as provided in Article 2, paragraph (3) of that Act) which is recorded in the Registry of Varieties, etc.

Article 54(1)The person filing a request pursuant to the provisions of paragraph (1) of the preceding Article must pay the fee in an amount specified by Order of the Ministry of Agriculture, Forestry and Fisheries in consideration of the actual costs.

(2)The provisions of the preceding paragraph do not apply if the person who is to pay the fee pursuant to the provision of that paragraph is the national government.

Article 55(1)Any person that transfers propagating material of a registered variety in the course of business must put a label that the relevant propagating material is of a registered variety on it or its packaging pursuant to the provisions of Order of the Ministry of Agriculture, Forestry and Fisheries.

(2)In accordance with Order of the Ministry of Agriculture, Forestry and Fisheries, any person engaging in exhibiting or advertising a propagating material of a registered variety for transfer in the course of business must put a label that the propagating material is of a registered variety on it or its packaging, if the person exhibits it for the transfer; or must give an indication to that effect in the advertisement, if the person advertises it for the transfer.

Article 56It is prohibited for any person to do any of the following;

Article 57If there are specific provisions relating to the protection of new varieties in any convention, those provisions prevail.

Article 57-2(1)A Public notice under this Act is to be issued through publication in the Official Gazette.

(2)If the Minister of Agriculture, Forestry and Fisheries has issued a public notice under this Act, the Minister is to publicly announce the date and details of the public notice via the Internet or through other means.