Examples of and countermeasures for the infringement of a plant breeder's rights regarding agricultural products in Fukuoka prefecture [Japan]

We revealed issues of and countermeasures for plant variety protection, inquiring into examples of actions taken by the Centre for Agricultural Intellectual Property Rights FUKUOKA against the infringement of plant breeder's rights since 2003. 1. It is necessary to obtain the material or/and articles suspected to infringe on the right of plant breeders and to judge the similarity of the material or/and articles without fail, in order to confirm whether plant breeders' rights are infringed on or not. In the case of possible infringement on the rights of an online auction, identification of such items as the address and name of auctioneer are essential. 2. Identification of varieties by DNA analysis is validated for prima-facie evidence of suspicion of an infringement on the right and it helps facilitate prompt action against the infringement on the right. 3. When investigating into distribution channels of seeds and seedlings transferred without an authorized holder's permission, collecting objective evidence and witnesses are required because there is no guarantee that enough correct evidence can be acquired from the persons involved in production, distribution, and sales of such varieties. 4. The plant breeder's right regarding seeds and seedlings is exhausted through a regular transfer procedure. When the seeds and seedlings are resold without farm-saved seed production, utilization of the seeds and seedlings cannot be limited by the seeds and Seedlings Act, even if there is a contract limiting the production area made between the valid holder and a licensee. There is a need to raise one's voice for the law's revision to eliminate an unauthorised cultivation in other prefectures of the prefecture's own varieties. 5. Cooperation of the Inter-prefecture Network on Intellectual Property Right Protection of Agricultural Products with the participation of 33 prefectures is effective in the acquisition of information and issue resolution on infringement of rights. 6. The Centre for Agricultural Intellectual Property Rights FUKUOKA compiled a manual for taking action against infringement on intellectual property rights of agricultural products, based on past cases responding to the infringements on such rights. 7. It is important to promote the raising of awareness of intellectual property in agriculture by educational activities and information provision, because the infringement on the rights does not occur only by design but by a lack of knowledge and understanding of intellectual property pertaining to agricultural products.