April [Legal] Newsletter

“Unmanaged Works Adjudication System” starts in April 2026

Starting in April 2026, a new arbitration system for unmanaged copyrighted works will be implemented. The previous arbitration system for cases where the rights holder was unknown was only applicable when "it was unclear who the rights holder was or where they were located." The new system will provide relief for cases where "the copyright holder's contact information is known, but they are not responding."

The copyrighted works covered are primarily those that: ① are not managed by a copyright management organization (such as JASRAC), ② whose rights holder's intention regarding permission for use cannot be confirmed, and ③ have been published.

The following cases are considered to satisfy requirement ②.

• If there is no indication of whether or not it can be used, or any rules of use, such as "Unauthorized reproduction prohibited"
• If no contact information is provided for accepting applications for use.
• If you contact us (at least two if you have more than one contact) and clearly state your desire to use the service, and you do not receive a reply within 14 days

If a rights holder comes forward later, they can request the Agency for Cultural Affairs to revoke the ruling by taking certain measures, and can retroactively receive compensation for the use up to that point. Furthermore, if you do not want your work to be included in the copyrighted works, it is most important to clearly state your intentions by indicating whether or not it can be used, such as "unauthorized reproduction prohibited," and providing contact information for inquiries regarding use applications.

The Agency for Cultural Affairs has published a "Summary of Arbitration Guidelines" on its website on December 24, 2025, as a document outlining the overall flow of the two arbitration systems: the arbitration system for unmanaged copyrighted works, which will be implemented from April 2026, and the arbitration system for copyright holders unknown, which is currently in operation. This document aims to ensure that these systems can be used appropriately and smoothly from April 2026 onward.

<Reference URL>
Agency for Cultural Affairs website: Unmanaged works adjudication system
https://www.bunka.go.jp/seisaku/chosakuken/seidokaisetsu/chosakukensha_fumei/tyosakubutsu/index.html
Agency for Cultural Affairs website: Guidelines for Arbitration (Summary Version)
https://www.bunka.go.jp/seisaku/chosakuken/seidokaisetsu/chosakukensha_fumei/tyosakubutsu/pdf/94314901_01.pdf

Proposed amendment to the Seed and Seedling Law: "Unauthorized export of agricultural products will be prohibited from the time of application for new varieties."

The Ministry of Agriculture, Forestry and Fisheries has decided to submit a bill to amend the Seed and Seedling Law to the Diet, which is currently in session, in order to protect new varieties of crops developed in Japan from illegal outflow overseas. The key points of this amendment bill are as follows:

1. Accelerating the right to seek injunctions against unauthorized exports.

Traditionally, breeder's rights (the right to exclusively produce and sell new varieties) only arise after variety registration is complete, meaning that unauthorized exports by third parties could only be prevented after registration. The process from application to registration could take up to six years, and concerns were raised about the risk of seedlings being leaked overseas during this examination period.
This proposed amendment establishes a new right to prevent unauthorized export by third parties from the time the application for plant variety registration is made public.

2. Extension of the duration of breeder's rights

The duration of "breeder rights," which grant breeders exclusive rights to produce and sell new varieties, is expected to be extended by 10 years. This will allow breeders to exercise their rights stably over a longer period, making it easier to recoup their investments and maintain brand value.

Changes to Japan Patent Office fees for international registration applications via Madrid e-Filing

Effective April 12, 2026, the fees charged by the Japan Patent Office (JPO) for international trademark registration applications (Madrid Protocol trademark applications) submitted via Madrid e-Filing with the JPO as the national office will change.

(Before change) 54 Swiss francs per item
(After change) 45 Swiss francs per item

There is no change to the fee for filing an application using the MM2 document (9,000 yen per application).

Furthermore, individual fees for international registration applications, subsequent designations, and renewals designating Japan as a designated country will also be changed from April 12, 2026.

◆International registration application and subsequent designation
(Before change) 1 unit: 266 Swiss francs
　　　　　Second and subsequent orders: 250 Swiss francs per order
(After change) 1 unit: 221 Swiss francs
　　　　　Second and subsequent orders: 208 Swiss francs per order

◆Update
(Before change) 263 Swiss francs / 1 unit
(After change) 218 ​​Swiss francs/1 unit

When filing or renewing an international application, please pay attention to the applicable dates and check the latest fees.

Newsletter translated into English

“Compulsory License System for Unmanaged Works” Starting from April 2026

The Compulsory License System for Unmanaged Works will start from April 2026. While the preexisting compulsory license system for cases of unknown right holders targets cases where “the identity and location of the right holder is unknown”, the new system provides relief for cases where “the contact information of the copyright holder is known but there is no response”.

The copyrighted works subject to this are mainly those that are: (1) not managed by a copyright management organization (such as JASRAC), (2) for which the right holder's intention regarding the availability of use cannot be confirmed, and (3) published copyrighted works.

It is considered that requirement (2) is satisfied in the following cases.

• When there is no indication of availability of use or rules of use, such as “reproduction without permission is prohibited”
• When the contact information for receiving applications for use is not clearly stated
• When there is no reply within 14 days even after clearly communicating via the contact information the desire to use the copyrighted work (if two or more ways to contact are provided, communicating via at least two of said ways)

If the right holder comes forward later, they can request that the Agency for Cultural Affairs revoke the compulsory license by taking certain measures, and it is possible to retroactively receive remuneration for the use up to that point (an amount equivalent to compensation). In addition, if a right holder does not want their own work to be a copyrighted work subject to this system, it is vital to clarify their “expression of intention” by indicating the availability of use, such as “reproduction without permission is prohibited”, or by clearly stating a method of contacting the right holder to submit applications for use.

To ensure that the two compulsory license systems, ie the Compulsory License System for Unmanaged Works, operation of which will start from April 2026, and the compulsory license system for cases of unknown copyright holders, which is currently already in operation, can be used appropriately and smoothly from April 2026 onwards, the Agency for Cultural Affairs published the “Summary of Compulsory License Systems” on its website on December 24, 2025, as a document showing the overall operational flow of the systems.

References
Agency for Cultural Affairs Website: Compulsory License System for Unmanaged Works
https://www.bunka.go.jp/seisaku/chosakuken/seidokaisetsu/chosakukensha_fumei/tyosakubutsu/index.html
Agency for Cultural Affairs Website: Summary of Compulsory License Systems
https://www.bunka.go.jp/seisaku/chosakuken/seidokaisetsu/chosakukensha_fumei/tyosakubutsu/pdf/94314901_01.pdf

Proposed Amendment to the Plant Variety Protection and Seed Act – Move toward Injunctions against Unauthorized Export of Agricultural Products of New Varieties from Time of Application

The Ministry of Agriculture, Forestry and Fisheries has decided on a plan to submit a draft amendment to the “Plant Variety Protection and Seed Act” to the ongoing Diet session in order to protect new varieties of agricultural crops developed domestically from unauthorized export.

The proposed amendment concerns the following two points.

1. Acceleration of the right to claim injunctions against unauthorized exports

Conventionally, the breeder's right (the right to monopolize the production and sale of a new variety) would arise after completion of the variety registration, so unauthorized export by a third party could only be prohibited after registration. It can take up to about six years from application to registration, and the risk of seeds and seedlings leaking overseas during this examination period had been pointed out.
This proposed amendment would newly establish the right to prohibit unauthorized exports by a third party from the time an application for a variety registration is published.

2. Extension of the duration of the breeder's right

It is expected that the duration of the “breeder's right”, which allows monopolization of the production and sale of new varieties, will be extended by 10 years. As a result, breeders will be able to exercise their rights stably over a long period of time, making it easier to recover investments and maintain brand value.

Change in the Japan Patent Office fee for International Registration Applications via Madrid e-Filing

From April 12, 2026, the Japan Patent Office fee for international trademark registration applications (Madrid Protocol trademark applications) filed via Madrid e-Filing with the Japan Patent Office as the office of origin will change.

(Before change) 54 Swiss francs per application
(After change) 45 Swiss francs per application

There is no change to the fee when filing using an MM2 form (9,000 Japanese yen per application).

Furthermore, the individual fees for international registration applications, subsequent designations, and renewals designing Japan will also change from April 12, 2026.

International registration applications and subsequent designations
(Before change) First class: 266 Swiss francs
Second and subsequent classes: 250 Swiss francs per class
(After change) First class: 221 Swiss francs
Second and subsequent classes: 208 Swiss francs per class

Renewals
(Before change) 263 Swiss francs per class
(After change) 218 ​​Swiss francs per class

When carrying out procedures for international applications or renewals, attention should be paid to the applicable date and time and the latest fees should be confirmed.