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 breeders rights. In response to this situation, the NCSS (National Center for Seeds and Seedlings) has assigned Plant Variety Protection Advisers (PVP G-men) to provide a consultation service for those who have concerns that their plant breeders rights may have been infringed.
Activities of PVP G-Men 1.Counseling and advice We offer counseling service on infringement of the rights 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.
2.Similarity tests Upon the request of the holders of plant breeders rights, 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 test for variety registration, variety identification by DNA analysis on some plants.a)Comparison of characteristics
|Conduct characteristic comparison testing with visual checks 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 the base sequence with the technology established as a method to discriminate between varieties.(Currently only available for some varieties, such as strawberry, sweet cherry and igusa rush.Scheduled to gradually increase target plant varieties.)|
3.Provision of information on protection and use of plant breeders rights The information on protection and use of plant breeders rights is available on our Website (www.ncss.go.jp/main/osirase/gmenpage/). 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 customs Crackdown on goods infringing on intellectual property rights.
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 plant breeders rights, such as seeds, seedlings, and other goods on behalf of holders of the rights, 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.|