🌅2⃣ Consultation on registration of seeds and seedlings for urban farming rights


※Our business is aimed at corporate and individual customers residing in Japan, so we cannot respond to inquiries from outside Japan.

スライドショー準備中

Of the 23 wards of Tokyo, 11 wards (Nerima Ward, Itabashi Ward, Suginami Ward, Nakano Ward, Setagaya Ward, Ota Ward, Katsushika Ward, Edogawa Ward, Adachi Ward, Kita Ward, Meguro Ward) have a total farmland area of 833.8ha ( 8.33㎢).
As of April 2022, the farmland area of Nerima Ward is 313.5ha (3.135㎢), accounting for 37.6% of all farmland in the 23 wards of Tokyo, making it the largest area in the 23 wards of Tokyo.
The main crops are vegetables, and we produce specialty products such as cabbage, turnips, spinach, turnips, and Japanese mustard spinach. Some farmers grow traditional vegetables called Edo-Tokyo vegetables such as Nerima radish.
In addition to vegetables, fruit trees such as blueberries are also produced.

Born and raised in Nerima, I love fields.
When I was a child, I used to ride my bicycle from my parents’ house to Sekimachi, Shakujiidai, Kamishakujii, and Kamiigusa along the Shin-Ome Highway.
In the sky and earth of Nerima, where I was riding my bicycle, rural scenery and idyllic rural scenery spread out.
Nerima’s fields continue to shrink year by year, and now the scenery from the car window of Shin-Ome Highway has changed completely to a group of apartments.

The average age of agricultural producers is over 70, and they have given up farming without a successor.

The importance of urban farming fields is, first and foremost, self-sufficiency in locally produced food and agricultural products for local production for local consumption.
At the same time, the fields of urban agriculture are a very important natural environment for residents, and they are also green spaces that are indispensable for disaster prevention against natural disasters. Three laws were also enacted.
First, in April 2015, the “Urban Agriculture Basic Law” was enacted with the aim of improving the sustainability of urban agriculture and expanding the disaster prevention function of farmland.
Second, in April 2018, a law was enacted to partially revise the Productive Green Space Act, which stipulates the Special Productive Green Space System.
Third, in order to deal with the aging of agricultural producers and the lack of successors, the Urban Farmland Leasing Facilitation Act was enacted, making it possible to rent green areas for production.

From the train window of the Shin-Ome Highway, the only existing fields are the summit of Shakujiidai and the fields that spread from the hill to the top of the Ozaki Flower Park, which operates a commercial facility. Part of the field is provided to residents as an agricultural experience farm, and I am moved every time I see the field, thinking that it is a successful example of an agricultural producer.

When I was looking at the fields as a Certified Administrative Procedures Legal Specialist and thinking about what I could do to help urban agriculture, I came up with the idea of branding agricultural products through racial registration of agricultural rights for urban agriculture.

The vegetables I bought at JA Aoba were so fresh and delicious that they could not be compared to the vegetables sold at supermarkets.
If such fresh and delicious vegetables are subject to variety registration,
I think it would be great if I could help with variety registration as a Certified Administrative Procedures Legal Specialist.
The license after registration of the variety is a “breeding right” which is a splendid intellectual property “farming right”.

Nerima Daikon Radish

Numerous creative Nerima Daikon Radish dishes

Stewed Nerima Daikon Radish and beef tendon
Grated Nerima Daikon Radish Soup with Rice‐flour dumplings Tofu
Nerima Daikon Radish and Sundried Tomato Scallop Salad
Quoted from練馬大根 創作料理レシピ集:練馬区公式ホームページ (city.nerima.tokyo.jp)

Grilled tofu topped with miso and grated Nerima Daikon Radish, leather flower decoration.
Vegetable rice with Cherry Blossoms Shrimp
grated Nerima Daikon Radish Drink
Quoted from練馬大根 創作料理レシピ集:練馬区公式ホームページ (city.nerima.tokyo.jp)

Nerima Daikon Radish and scallop pasta
Quoted from練馬大根 創作料理レシピ集:練馬区公式ホームページ (city.nerima.tokyo.jp)

Nerima Daikon Radish Steak Autumn Style
Quoted from練馬大根 創作料理レシピ集:練馬区公式ホームページ (city.nerima.tokyo.jp)

1⃣ About the variety registration system 

Breeders of new varieties apply to the Ministry of Agriculture, Forestry and Fisheries based on the Seeds and Seedlings Law, and after examination and passing, they are registered in the Ministry of Agriculture and Forestry’s “Variety Registration List.”
The variety registration system is a system that generates an intellectual property right called “Breeder’s Right (Article 19, Paragraph 1 of the Seed and Seedling Law)” after the variety is registered.

After the variety is registered, the breeder’s right holder acquires the exclusive right to use the registered variety*, etc. (Article 20, Paragraph 1 of the Seed and Seedling Law).

*Subordinate varieties and hybrid varieties also have Breeder’s Rights (Article 20, Paragraph2 of the Seed and Seedling Law).
Registered varieties will be published on the website of the Ministry of Agriculture, Forestry and Fisheries.

2⃣ Overview of Paid Transfer/Pledge Setting of Breeder’s Rights 

Breeder’s Rights are intellectual property rights that can be assigned or pledged for a fee.

(1)Paid transfer of Breeder’s Rights

① Method of transferring Exclusive Usage Rights for a fee
This is a method of making a paid transfer contract so that the transferee of the Exclusive Use Right can exclusively use the registered variety.
In addition, the effect of paid transfer will be generated by registering the Exclusive Use Right in the Ministry of Agriculture, Forestry and Fisheries “Variety Registration List”.

② Method of transferring Normal Usage Rights for a fee
This is a method that allows multiple transferees of Normal Usage Rights to freely use the registered variety by concluding a paid transfer contract.
However, unlike Exclusive Usage Rights, there is no exclusive use right, so Normal Usage Rights cannot be claimed against infringement of Breeder’s Rights.

(2)Pledge to Breeder’s Rights

① Method of pledge setting to Breeder’s Rights
Breeder’s Rights holders will no longer be able to use varieties registered in the Ministry of Agriculture, Forestry and Fisheries’ Variety Registration List.
In addition, by registering the pledge setting in the Ministry of Agriculture, Forestry and Fisheries “Variety Registration List”, the pledge setting becomes effective.
  
② Method of pledge setting to Exclusive Usage Rights
Exclusive Usage Rights holders can set a pledge with their consents of the Breeder’s Right holders.
Exclusive Usage Rights holders will no longer be able to use varieties registered in the Ministry of Agriculture, Forestry and Fisheries’ Variety Registration List.
In addition, by registering the pledge setting in the Ministry of Agriculture, Forestry and Fisheries “Variety Registration List”, the pledge setting becomes effective.

③ Method of pledge setting to Normal Usage Rights
Normal Usage Rights holders can set a pledge with their consents of the Breeder’s Right holders.
Normal Usage Rights holders will no longer be able to use varieties registered in the Ministry of Agriculture, Forestry and Fisheries’ Variety Registration List.
In addition, by registering the pledge setting in the Ministry of Agriculture, Forestry and Fisheries “Variety Registration List”, the pledge setting becomes effective.

3⃣ Regarding penalties for infringement of Breeder’s Rights

(1) Criminal punishment
Penalties such as imprisonment with work for up to 10 years (Article 67 of the Seed and Seedlings Law) are applied to those who intentionally infringe on breeders’ rights (such as intentional acts of unauthorized use by a third party).

(2) Claims for damages under the Civil Law and the Law of Civil Procedure, and claims for injunction under the Seeds and Seedlings Law

① Claim for damages for tort against the person who committed the infringement (Article 709 of the Civil Law)

② Request for injunction against infringement (Article 33 of Seed Law)

Please feel free to contact us at the Tokyo Duke-Rei Certified Administrative Procedures Legal Office, as we are accepting consultations regarding registration of urban farming varieties.

Compensation regulations
1⃣ When receiving a request, we ask that you pay the full amount as a deposit for remuneration of 100,000 yen (excluding tax) or less. Please note that we may ask you to pay the actual cost in advance.

2⃣ When receiving a request, for remuneration over 100,000 yen (excluding tax), we ask that 50% of the remuneration amount be paid as a deposit at the time of request. In addition, we ask that you pay the remaining 50% and the actual cost settlement amount when the work is completed. Please note that we may ask you to pay the actual cost in advance.

3⃣ Please note that we will not refund the start fee if the work is completed in the middle due to the client’s convenience.

Estimated reward
1⃣ Consultation by face-to-face: @ 5,000 yen per hour (excluding tax)

2⃣ Substitute variety registration application to the Ministry of Agriculture, Forestry and Fisheries, etc.
: Basic remuneration 100,000 yen (excluding tax) per breed, registration fee delivery deadline management 10,000 yen (excluding tax) per breed.
Exclusive usage right registration and pledge setting registration in the Ministry of Agriculture, Forestry and Fisheries “Variety Registration List”.
30,000 yen per item (excluding tax)

*Separate application and registration fees https://www.maff.go.jp/j/shokusan/hinshu/info/ryukin.html

3⃣ Preparation of Breeder’s Rights Assignment Contract, Exclusive Usage Rights Setting Contract, Normal Usage Rights Setting Contract, Pledge Setting Contract: Basic fee: From 50,000 yen (excluding tax) per product.

4⃣ Application for permission, etc. under Article 3 of the Agricultural Land Act (change to another owner while maintaining farmland)
: Basic remuneration from ¥50,000 (excluding tax)

5⃣ Application for permission from Article 4 of the Agricultural Land Act (change to use other than farmland, no change in owner)               
: Basic remuneration ¥ 80,000 (excluding tax) ~

6⃣ Agricultural Land Law Article 5 permission application, etc. (change to use other than farmland, change to another owner)
: Basic remuneration ¥ 90,000 (excluding tax) ~                         

Note 1) Simple consultations for the same project after starting are free (within 30 minutes each time), but we ask for a response on the content of the contract, etc. that is being prepared or the content of corrections. 
We strongly discourage such consultations.                                  

Note 2) If a local business trip is required (field survey/meeting required), daily allowance @ 1 hour ¥ 5,000 (excluding tax) and actual expenses such as transportation expenses may be added.  

Note 3) Regarding the preparation of breeder’s rights transfer contract, exclusive use right setting contract, normal use right setting contract, and pledge setting contract, basic fee will be charged for up to 6 pages of A4 size, and after 7 pages will be created@ Â¥20,000 (excluding tax) will be added for each page.                               

Note 4) Regarding amendments to breeder’s rights transfer agreements, exclusive use right setting agreements, non-exclusive usage right setting agreements, and pledge setting agreements, Â¥6,000 (excluding tax).                              

Note 5) For contracts that need to be notarized, actual costs such as notary public fees will be charged separately.                         

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All rights reserved.