September [Legal] Newsletter

Copyright transfer through competition entry

According to the Asahi Shimbun dated July 23rd, the application guidelines for various competitions often stipulate that "the copyright of the submitted works belongs to the organizer."

In this case, if you enter a competition, the copyright is transferred to the organizers, and even if you are not selected, you will no longer be able to freely use the submitted work, including on your social media accounts or website.

In addition, there are also many application guidelines that require applicants to promise not to make any changes that go against the author's wishes, not to exercise the right to demand such changes from the organizers (moral rights of the author), and that state that submitted works will not be returned even after the competition ends.

Criticism is growing against these competition entry guidelines. Eight general incorporated associations in the art field, including the Japan Artist Copyright Association, the Japan Artists Federation, and the Japan Children's Book Artists Association, issued a statement in April calling these regulations "inappropriate." In response to this criticism, there are also moves to revise the entry guidelines for government-sponsored competitions.

We will be keeping a close eye on how copyright will be handled in the competition application guidelines going forward.

Brazil repeals two-stage payment of Madrid Protocol trademark application fees

The Government of Brazil has notified the Director General of WIPO that it is withdrawing its notification under Rule 34(3)(a) of the Madrid Protocol.

Rule 34(3)(a) of the Madrid Protocol Regulations provides that a country may notify that the individual fee for a Madrid Protocol application or subsequent designation consists of two parts. For Madrid Protocol applications or subsequent designations in countries that have made this notification, the individual fee must be paid in two stages: at the time of filing and at the time of registration.

With the withdrawal of this notification by the Brazilian government, the fee for filing a trademark application in Brazil via the Madrid Protocol will now be paid only once, at the time of filing the international application or subsequent designation. This fee will be paid to WIPO together with the basic fee and any individual fees for any other countries designated at the same time.

第34規則(3)(a)に基づく通知を撤回したことによる新たな手数料は、2025年9月20日以降に手続される出願・事後指定に適用されます。2025年9月20日からの新たな手数料は、1区分あたり251スイスフランです。

In addition to Brazil, Japan and Cuba were also countries that had notified under Rule 34(3)(a), but Japan withdrew its notification in 2023. Therefore, from September 2025, 9, the two-stage payment of the individual fee will only be required if Cuba is designated.

Government Revises "Implementation Strategy for Expanding Exports of Agriculture, Forestry, and Fisheries Products and Food"

On May 2025, 5, the government (Chief Cabinet Secretary Hayashi) held a ministerial meeting to discuss responses to import country regulations in order to expand exports of agricultural, forestry, and fishery products and food, and revised the "Implementation Strategy for Expanding Exports of Agricultural, Forestry, and Fishery Products and Food."

The main points of the new strategy are as follows:

① Strengthening measures to prevent brand varieties from being exported overseas. Revising the Seed and Seedlings Act to expand the scope of acts subject to criminal penalties.

Regarding the outflow of brand varieties, there have been a series of incidents in which seeds and seedlings of brand varieties such as the high-quality grape variety "Shine Muscat" have been taken overseas. In response to this, in addition to the unauthorized sale and export of brand varieties, which is prohibited under current law, the act of storing seedlings and other items for unauthorized export will also be made subject to criminal penalties, making it possible to detect such acts in advance.

②Extending the exclusive production period for brand varieties

In order to protect the rights of developers of new varieties, we will consider extending the exclusive production period (i.e., the duration of breeder's rights) of the rights holder from the current 25 years (30 years for fruit trees) to around 50 years.

3) Supporting advanced production and distribution initiatives to build supply chains for large-scale exports

The government has set a goal of increasing exports of agricultural, forestry, and fishery products and food from the current 2030 trillion yen to 1.5 trillion yen by 5, and is promoting the creation of a supply chain that connects Japan to local areas.

④ Promoting Japanese food through animation and video, and strengthening its appeal to visitors to Japan

We will promote the branding of Japanese agricultural, forestry, and fishery products and food using content such as Japanese anime and characters that are of great interest to foreigners, including expanding the distribution of Japanese food channels overseas and establishing an award system for content that contributes to the spread of Japanese food and food culture overseas.

Newsletter translated into English

Copyright Transfer through Contest Submission

According to an Asahi Shimbun article dated July 23, many contest guidelines include provisions stating that “the copyright of submitted works will be transferred to the organizer.”

In such cases, if a work is submitted to the contest, the copyright is transferred to the organizer, and even if the submitted work does not win, the author may no longer use it freely \, including on their own social media or website.

Additionally, some contest guidelines prohibit authors from exercising their moral rights of authority, which enable them to demand that their works not be modified in ways contrary to their intentions. There are also cases where the guidelines specify that submitted works will not be returned to the authors even after the contest concludes.

Such contest guidelines have faced growing criticism. In April, eight art-related general incorporated associations, including the Japan Artists Copyright Association, the Japan Federation of Artists, and the Japan Children's Book Artists Society, issued a joint statement deeming such provisions “inappropriate.” In response to these criticisms, even contests hosted by government entities are now beginning to review their submission guidelines.

Our firm will continue to monitor how copyright provisions in contest submission guidelines evolve in the future.

Brazil Withdraws Two-Stage Payment of Madrid Protocol Trademark Application Fees

The Brazilian government has officially notified the Director General of WIPO (World Intellectual Property Organization) of its decision to withdraw its notification under Rule 34(3)(a) of the Regulations under the Madrid Protocol.

Rule 34(3)(a) of the Regulations under the Madrid Protocol allows member countries to notify WIPO that the individual fee for Madrid Protocol applications or subsequent designations consists of two separate payments. For countries that have made this notification, applicants are required to pay the individual fee in two stages: once at the time of filing the application and again at the time of registration.

With Brazil's withdrawal of this notification, fees for trademark applications filed through the Madrid Protocol designating Brazil will now require only a single payment. This payment will be made at the time of the international application or subsequent designation. The payment of fees, including the basic fee and individual fees for other designated countries, will be collectively processed through WIPO.

The revised fee structure resulting from Brazil's withdrawal of its notification under Rule 34(3)(a) will apply to applications and subsequent designations filed on or after September 20, 2025. The new individual fee for Brazil will be 251 Swiss francs per class.

It is worth noting that, in addition to Brazil, Japan and Cuba have also issued notifications under Rule 34(3)(a). However, Japan withdrew its notification in 2023. As a result, after September 20, 2025, Cuba will be the only country requiring the two-stage payment of individual fees under the Madrid Protocol.

Government Revises Action Plan for Expanding Exports of Agricultural, Forestry, and Fishery Products and Food

On May 30, 2025, the Chief Cabinet Secretary Hayashi Yoshimasa convened a government meeting of relevant cabinet ministers to address import regulations in export markets. During this meeting, the “Action Plan for Expanding Exports of Agricultural, Forestry, and Fishery Products and Food” was revised.

The key points of the new strategy are as follows:

1. Strengthened measures to prevent leaking of branded varieties overseas. Revision of the Seed and Seedlings Act and expansion of the scope of criminally punishable activities.

Incidents of branded varieties being leaked overseas, such as the high-end grape variety “Shine Muscat,” have led to repeated damage. Under the revised law, in addition to the current prohibitions on unauthorized sales and exports of branded varieties, activities such as storing seedlings for unauthorized export will now be subject to criminal penalties, enabling preemptive enforcement.

2. Extension of Exclusive Production Period for Branded Varieties

In order to protect the rights of developers of new plant varieties, the government plans to extend the exclusive production period for rights holders (ie, the duration of breeder's rights) from the current 25 years (30 years for fruit trees) to approximately 50 years.

3. Support for advanced initiatives in production and distribution aimed at building large-scale export supply chains

In order to achieve the goal of increasing the annual export value of agricultural, forestry, and fishery products and food from the current 1.5 trillion yen to 5 trillion yen by 2030, the government will promote the development of integrated supply chains connecting domestic production with overseas markets.

4. Enhanced promotion of Japanese cuisine through anime and media

Efforts will be made to strengthen the brands of Japanese agricultural, forestry, and fishery products and food using globally popular Japanese anime and character content. Initiatives include:

• Expanding distribution of Japanese food channels abroad.
• Establishing an awards program for content that contributes to the global promotion of Japanese cuisine and food culture.
• Promoting the appeal of Japanese cuisine to foreign visitors through engaging content.