- Japan’s agriculture ministry will establish a specialised organisation to protect breeders’ rights by the end of August, after a suspected leak of premium citrus seedlings to China.
- Unauthorised overseas cultivation of Japanese plant varieties poses significant risks, including loss of export opportunities and overseas licensing revenue.
- The ministry said it would support Ehime Prefecture in pursuing legal action under Chinese law.
Earlier this month, Japanese agriculture minister Norikazu Suzuki confirmed that seedlings of Ehime Kashi No. 48, marketed as Beni Princess, may have been leaked to China.
Suzuki described the outflow of new plant varieties as a serious issue for the country’s agricultural sector.
“When superior Japanese varieties flow overseas and cultivation spreads abroad, it can lead to losses, mainly due to the loss of export opportunities from Japan and the loss of overseas licensing revenue. Therefore, I believe that the outflow of Japanese agricultural products overseas, especially new varieties, is a serious problem,” he said during a press conference on 22 June.
Although losses are difficult to estimate due to scarce data on overseas cultivation, Suzuki highlighted Shine Muscat grapes as the clearest example to date.
“While it is difficult to estimate the amount of losses associated with the outflow of Japanese agricultural products overseas due to data constraints such as overseas cultivation area, the largest loss to date, in the case of Shine Muscat, is estimated to be approximately JPY20bn per year in terms of licensing fees alone.”
Ministry offers support
In response, the Ministry of Agriculture, Forestry and Fisheries (MAFF) said it will support Ehime Prefecture if it pursues action under Chinese law, including evidence collection, warning letters and potential litigation.
The minister acknowledged that breeders’ rights holders face substantial burdens in enforcing intellectual property overseas, citing language barriers and the need for specialised legal expertise when negotiating contracts or initiating legal action abroad.
To address these constraints, the ministry plans to establish a dedicated breeders’ rights management body.
“The ministry intends, at the very latest by August, to establish a specialised breeders’ rights management organisation that will protect and utilise these rights on behalf of rights holders, with the aim of preventing unauthorised cultivation of Japan’s high-quality varieties overseas while also generating revenue through licensing,” said Suzuki.
A ‘masterpiece’ from hardship
In a local press conference held on the same day, Ehime Prefecture Governor Tokihiro Nakamura stressed the importance of investigating the leak.
“There have been various issues with different varieties in the past, but this is a new variety for us, and it is also a symbolic variety of recovery from the West Japan floods. Considering the future, it is more important than ever that the national government and Ehime Prefecture work together from the investigation stage to respond properly.”
Nakamura underscored the emotional and economic stakes for the region, describing Beni Princess as the culmination of more than a decade of work by successive generations of researchers.
“For more than a decade, the staff at the Ehime Prefectural Government’s Mandarin Orange Research Institute had a strong desire to create the best variety. It was not something that was created in the time of just one person in charge, but a masterpiece that was reached through the passing of the baton by various generations.”
He added that the variety had served as a source of hope for growers in Uwajima following the devastating West Japan floods eight years ago, making the current situation “all the more regrettable”.
“It was predicted that it would take as long as 10 years to recover, but not a single person quit and everyone persevered. The driving force behind that was Beni Princess, which we had predicted would be put on the market eight years later. The fact that cultivation of Beni Princess would begin after overcoming the recovery was a really big source of strength for them.”
