2024-08-05 21:00:00
The high-quality grape “Ruby Roma” developed by Ishikawa Prefecture was leaked for some reason and was produced and sold in South Korea. Ishikawa Prefecture is working hard to deal with the situation.
Since the deadline for applying for variety protection overseas has passed, the next best option is to apply for a trademark with the Korean Patent Office, but this is difficult because the exact same variety name is already registered locally. We are faced with the difficult problem of how to protect Japan’s agricultural brand in the international community. (Seoul/Kinoshita Daisuke)
◆Applied to the Korean National Seed Research Institute to cancel the variety name.
“The applied trademark is recognized by consumers and the industry as a common name of grape varieties and cannot be registered because it does not have the distinctiveness to distinguish its own products from other products.”
In January this year, the Korean Intellectual Property Office notified Ishikawa Prefecture of four reasons for rejection of the “Ruby Roman” trademark applied by Ishikawa Prefecture in October 2022. By registering the trademark, the county aims to prevent the sale of Ruby Roman in South Korea, but it shows how difficult it is to register when cultivation is already widespread.
Another reason for rejection is that the Trademark Law stipulates that a trademark that is the same as or similar to a registered variety name cannot be registered. To this end, the county recently applied to the Korean National Seed Research Institute, which is responsible for variety registration, to cancel the Ruby Roman variety name registered in 2021.
However, the South Korean government said in an interview with this newspaper that “the 31 companies that applied under the domestic system are producing and selling seedlings, so they need to be carefully considered.”
◆The claim that “we will fight with all our strength” has no legal basis.
Ruby Roma adheres to strict shipping standards such as particle size and sugar content, and is produced only in Ishikawa Prefecture. Two years ago, however, when the county tested grapes sold in South Korea under the Ruby Roman name, the DNA types matched. The leaked seedlings are believed to have been brought to South Korea via China.
Differences between Ruby Roman produced in Ishikawa Prefecture and Ruby Roman produced in Korea = Provided by Ishikawa Prefecture
“We will fight with all our strength.” Governor Hiroshi Hase emphasized at a press conference on July 18 that he would not condone the current situation of “Ruby Rome” being circulated overseas with inferior quality than the original version.
However, as of now, Ishikawa Prefecture’s claim to ruby roman rights in South Korea has no legal basis.
According to international law, in order to obtain breeder’s rights in a foreign country, it is necessary to complete the variety protection procedures in each country within six years after the first circulation. However, for Ruby Roman, which was first launched in 2008, this period has passed. No matter how angry Japanese public opinion is about the crop being stolen, anyone can grow it overseas because there are no procedures to protect intellectual property rights, such as breeders’ rights or trademarks.
◆ “Even if you don’t know if it will make a big difference, it’s better to get it first.”
Shine Muscat, also developed in Japan but whose rights are not protected, is also mass-produced in South Korea. Korean agriculture is moving quickly to improve profitability through efficient planting, including varieties introduced from overseas.
Akira Ishizaka (54) from Fukuoka Prefecture, who works as a cutting-edge agricultural technology consultant and imports agricultural materials between Japan and South Korea, said, “When cultivating new varieties (such as Ruby Roman), I don’t know if there will be big ones.” Change, I would worry about.
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