Japan's New Seed Act Amendments And Countermeasures Of China's Agricultural Exports

The new 'Seedling Law' of Japan was implemented in April of 2004. It aims at to limit the importation of low-cost agro-products from technically underdeveloped countries, by employing technical bulwark of IP of new plant species, accordingly to protect the obligee of new plant species and the domestic farmers. Ever since the reform and open-up, lots of plants in terms of species and quantity have been poured into China. More over, the advantage of Japanese species in terms of clime adaptability and general characteristics make the Japanese species widely used in the light of frequency and domain in China, besides in those export-to-Japan oriented agro-enterprises in China. Hence, they depend more and more on the Japanese species. So the implementation of new Japanese 'Seedling Law' would have deep impact on the Chinese agro-plantation. To study on this law and accordingly to find out the solution would be very much beneficial.The revised Japanese 'Seedling Law' varies from the old one in the following aspects: to transfer the protecting mainbody from the first phase to the second phase, i.e. to extend to the by-products of protected seedlings; the farmer exemption rights was canceled, which is still applicable to UPOV and most countries. All of these are disadvantage to the application of export-oriented agro-species in China.In order to effectively take this law into action, Japan also revised the "customs tariff law'. Specific regulations and detailed implementation rules are specified for evidence collection, cognizance of species, and punishment of the right-invaded overseas products exported to Japan. As to China, most of the exported agro-products are vegetables, including mushrooms, burdock, broccoli, carrot, beans, asparagus, strawberry etc. All these products would be affected by this new law.So the measures China may take are: to renovate the idea and recognize the situation; to speed up the Intellectual Property in China, obey the rule of UPOV and protect the national benefit; to protect and make advantage of plant resources; to study on the strategy and improve management and professional skills; to reform the system and promote the breeding of China.