Seeds and seedlings of new varieties, which are intellectual property in the field of agriculture, forestry and fisheries, are sometimes used illegally. Amid the governments ongoing efforts to establish a nation built on intellectual property, there is a real need for strengthening the protection of plant breeder's rights (PBRs). In response to this situation, NCSS has assigned Plant Variety Protection Practitioners (PVP practitioners) to provide a consultation service for those who have concerned that their PBRs may have been infringed.
Activities of PVP Practitioners
1.Counseling and advice
We offer counseling service on infringement of the PBRs such as someone is propagating a registered variety and selling it without the permission of the right holder. We give advice for the countermeasures that the holders of plant breeders generally take.
On the other hand, we also offer counseling service from those who are suspected of infringement of the rights.
2.Similarity tests Upon the request of the PBR holder, we conduct similarity tests, which compare the suspicious varieties of the infringement with registered varieties. Our similarity tests include, in addition to comparative cultivation based on our experience and technology in DUS growing test for variety registration, variety identification by DNA analysis on some plants.
a)Characteristic comparison| Conduct characteristic comparison testing with visual observations and measurements on the suspicious variety and registered variety brought by clients. In principle, this test is performed on the premise of conducting growing test. |  |
| Conduct characteristic comparison testing on the seeds and seedlings submitted by clients by cultivating them in the same way as the DUS test for variety registration. |  |
| Extract DNA from plants or the part of the tissues submitted by clients and examine them with the established method, which stably confirms the difference of DNA sequence between variety. |  |
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3.Provision of information on protection and use of plant breeder's rights The information on protection and use of PBRs is available on our website ( https://www.naro.go.jp/laboratory/ncss/hogotaisaku/index.html- only in Japanese). We have links to related information such as the manual on the rights of registered varieties that describes how to apply for variety registration and specific countermeasures against infringement of rights, and the enforcement on goods infringing on intellectual property rights by Japan Customs.
4.Making up records on infringement
| We go to the scene with the clients (at home and overseas) to examine the cultivation, storage, and sales of the seeds, seedlings, and other produce suspected of infringement, and to create the records.These records can be used as evidence to prove the date, quantity, and money amount when establishing rights infringement. |  |
5.Deposition of infringement evidence
| We store evidence infringing PBRs, such as seeds, seedlings, and other produce on behalf of PBR holders for helping to preserve evidential capacity. When the deposited good is cut flowers, we regenerate the plants with cutting propagation (production of young plants) and keep them. |  |
