New varieties of ornamental plants are valued higher than other types of plants and increase the possibility of their export from Japan, an advanced country in plant breeding, to China and South Korea. However, the systems to control and protect plant breeders' rights in these countries have not yet been set in place like Japan. Plant breeders are hence apprehensive to export new varieties for fear their rights may be violated. In order to grasp the present condition of the protection of plant breeders' rights in East Asia, especially China and South Korea, we conducted a questionnaire survey for Japanese, Chinese, and Korean ornamental plant growers. Awareness of plant breeders' rights was compared between the three countries. The rate of recognition of the law for plant breeders' rights was highest in Japan (95.8%), followed by South Korea (87.3%) and China (62.0%). Although 81.9% and 88.5% of the growers in Japan and South Korea felt that the protection of plant breeders' rights was useful for the advance of floricultural business, the response rate in China was lower, at 55.6%. The difference in these attitudes towards plant breeders' rights relates to the developmental stage of the flower industry of each country. To develop adequate protection systems for plant breeders' rights, it is important to revise the law on the expansion of protectable varieties, and the quick examination system for registration of the rights. It is also necessary to develop awareness of plant breeders' rights in the marketplace through the practical efforts of breeders, growers, and all who are involved in the floricultural business, including the government.
View full abstract