Protection of Rights in Agricultural Products and Foods
In order to protect intellectual property rights in agricultural products and foods, it is necessary to consider whether to register trademark rights, breeders' rights, or a geographical indication based on the Geographical Indication Act (GI Act) with the aim of establishing brand recognition. In order to reinforce protections for such rights, a legal framework for the protection of livestock genetic resources (Japanese beef genetic resources) was introduced in 2020 and the Plant Variety Protection and Seed Act also was significantly amended. For fertilizers and agrochemicals, it is crucial to secure rights to innovations already in the development stage by converting them into intellectual property by way of a patent right, trademark, or another right and these require appropriate filing or registration with the authorities concerned. When collaborating with an external party, innovations should be protected with license agreements.
We provide advice and support based on our in-depth knowledge of protecting and branding of agricultural products and foods (including newly developed products), as well as development agreements, license agreements, and the acquisition of intellectual property rights regarding fertilizers and agrochemicals.
When advising foreign clients, our firm can field a team of expert Japanese lawyers and foreign lawyers who have relevant experience and bi-cultural sensitivity. Our team can do business and draft documents in Japanese, English, German, Mandarin, Hindi, Korean, and Marathi, and provides services around the clock through our global affiliated offices.
Related Publications
- Revised Intellectual Property Strategies for Proactive Agriculture, Forestry, and Fisheries – Establishment of Japan Food Brand - Textbook for Agriculture, Forestry, and Fisheries Intellectual Property, the Research Institute of Economy, Trade and Industry (2021) [Co-author]
- Legal Consulting on Intellectual Property of Agriculture, Forestry and Fisheries, Part II, SEIRIN SHOIN (2019) [Co-author]
- Food Agriculture: Laws and Systems, Kinzai Institute for Financial Affairs, Inc. (2018)
- Intellectual Property Strategies for Proactive Agriculture, Forestry, and Fisheries – Establishment of Japan Food Brand - Textbook for Agriculture, Forestry, and Fisheries Intellectual Property, the Research Institute of Economy, Trade and Industry (2018) [Co-author]
Related Newsletters
- "Legal Framework for Protection of Livestock Genetic Resources (Act on Prevention of Unfair Competition Regarding Livestock Genetic Resources, Act for Amendment of the Act on Improvement and Increased Production of Livestock) " (January 2021)
- "Geographical Indication Protection System (Part 1 of 2)" (March 2020)
- ”Agriculture and Work-style Reform”(September 2019)
- "Revisions to the Agricultural Chemicals Control Act" (May 2019)