How many years does it take to breed a new juicy apple variety or a drought-resistant potato? Sometimes, it requires more than 10–15 years of grueling work by plant breeders. Now imagine that as soon as a variety gains popularity, its saplings are secretly smuggled abroad and mass-cultivated without paying any royalties to the breeder.
The world of intellectual property is facing a new trend: countries one after another are extending the terms of protection for plant variety rights. Following South Africa and Canada, Japan and New Zealand have joined the movement.
Japan: A World Record for Protection and the Fight Against “Sapling Smuggling”
Japanese reforms turned out to be the most radical. The Upper House of the Parliament of Japan approved amendments to the Plant Variety Protection and Seed Act, extending the monopoly term for new varieties by 10 years at once:
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For most standard agricultural crops, legal protection will last for 35 years.
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For woody plants (e.g., fruit trees), the protection period will reach a record 40 years!
For comparison: in the European Union, the standard term is 25–30 years, and in Ukraine — up to 35 years. Japan is effectively setting a new global benchmark.
Why Did Japan Take Such Strict Measures?
The main trigger was the leakage of valuable elite varieties. Japanese breeders have repeatedly faced situations where their unique elite grape or strawberry varieties ended up in neighboring countries, where they were grown and sold online without any authorization.
Therefore, in addition to extending protection terms, Tokyo is introducing two key novelties:
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Export ban during registration: Breeders will be able to obtain court injunctions to block the unauthorized export of saplings even before the variety is officially registered (the registration process can take anywhere from 3 to 6 years).
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Establishment of a dedicated organization comprising agribusiness and IP experts: It will assist local farmers and researchers in taking legal action abroad, offering support throughout complex cross-border disputes.
New Zealand: Aligning with EU Standards
New Zealand’s government initiatives are more moderate, yet also aimed at safeguarding the agricultural sector. The country decided to harmonize its laws with European standards by adding 5 years to the terms of protection:
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For potatoes and woody plants, the monopoly period will increase to 30 years.
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For all other crops — up to 25 years.
Furthermore, Wellington is reintroducing so-called provisional protection. While an application for a new variety is pending examination before the patent office, the applicant will already have the right to institute legal proceedings against infringers.
Will This Truly Help Plant Breeders?
The governments of both countries justify these changes by the desire to incentivize investment in plant breeding: the longer a breeder controls the market, the more funds they can recover to develop new varieties.
However, analysts view this with healthy skepticism. Recent years have seen a decline in the number of new plant variety applications in both Japan and New Zealand. Whether merely extending the term of protection can revive interest in the sector—or if the root of the problem lies in deeper economic and climate factors—only time will tell.
Founder of Research & Patent group Intectica, author of patent algorithms for solving problems in the pharmaceutical industry, patent attorney certified in all intellectual property objects (Patents, Design, TM), with education in chemistry and law, chief expert of the patent institution of Ukraine UKRPATENT (1997-2004). Member of international organizations, including ECTA, PTMG, UAM, lecturer and blogger.
