Japan: New Legislation Strengthens Plant Variety and Breeders’ Rights Protection

Japan has introduced significant changes to its plant variety protection regime, extending breeders’ rights and introducing new measures designed to protect Japanese-developed plant varieties and support the long-term competitiveness of the country’s agricultural sector.

On 17 July 2026, amendments to Japan’s Plant Variety Protection and Seed Act were enacted, extending the term of protection for breeders’ rights by ten years. The reforms also strengthen protection while applications for variety registration are pending and introduce measures addressing the storage of propagating material intended for export, the leasing of propagating material, the assessment of damages and the evidential requirements associated with proving infringement.

The changes are particularly significant for breeders and businesses involved in developing, licensing, producing or exporting protected plant varieties. By strengthening enforcement mechanisms and extending the period during which breeders can benefit commercially from protected varieties, the reforms are intended to encourage continued investment in breeding while reducing the risk of valuable Japanese plant varieties being transferred overseas without appropriate authorisation.

Supporting strategically important varieties

Alongside these amendments, Japan has enacted new legislation concerning the promotion of important plant varieties and the production of their propagating material.

The new framework provides for national government guidelines, supported by prefectural plans, and establishes certification mechanisms for important variety-breeding projects and businesses involved in producing propagating material.

Together, the two legislative measures reflect wider challenges facing Japanese agriculture. Climate change, rising temperatures and a declining agricultural workforce are increasing pressure on domestic food production and creating greater demand for resilient and commercially viable plant varieties.

The reforms therefore seek to balance two objectives: encouraging the development and distribution of strategically important varieties while ensuring that the intellectual property rights of those responsible for developing them are adequately protected.

For businesses operating internationally in plant breeding, agricultural technology, seed production and related sectors, the developments highlight the increasing importance of considering intellectual property protection alongside agricultural and food-security policy. Companies developing or commercialising varieties in Japan should review how the extended protection periods and strengthened enforcement provisions may affect their existing and future IP strategies.

By Anderson Mori Tomotsune, Japan, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact japan@transatlanticlaw.com

Disclaimer: Transatlantic Law International Limited is a UK registered limited liability company providing international business and legal solutions through its own resources and the expertise of over 105 affiliated independent law firms in over 95 countries worldwide. This article is for background information only and provided in the context of the applicable law when published and does not constitute legal advice and cannot be relied on as such for any matter. Legal advice may be provided subject to the retention of Transatlantic Law International Limited’s services and its governing terms and conditions of service. Transatlantic Law International Limited, based at 84 Brook Street, London W1K 5EH, United Kingdom, is registered with Companies House, Reg Nr. 361484, with its registered address at 83 Cambridge Street, London SW1V 4PS, United Kingdom.