July [Legal] Newsletter

The government has decided on the "Intellectual Property Promotion Plan 2026".

On June 12, 2026, the government held the 55th meeting of the Intellectual Property Strategy Headquarters and decided on the "Intellectual Property Promotion Plan 2026." The intellectual property strategy is an important element of the Japan Growth Strategy to be finalized this summer, and in order to accelerate Japan's growth through the power of intellectual property, Prime Minister Takaichi, who heads the headquarters, instructed Minister of State for Special Missions Onoda, who heads the headquarters, to promptly implement the "Intellectual Property Promotion Plan 2026."

The main points of the "Intellectual Property Promotion Plan 2026" are as follows:

1. Value creation through promoting investment in intellectual property and intangible assets
　- Promoting national strategies and growth strategies centered on intellectual property and intangible assets.
　- Further dissemination of intellectual property management, which places intellectual property and intangible assets at the core of business strategy.
2. Protection of intellectual property in line with the new era, such as generative AI.
　- Balancing the advancement of generative AI technology with the appropriate protection of intellectual property rights.
　- Examining the ideal form of institutional measures for effective intellectual property protection that are appropriate for the era of economic security.
3. Promoting content strategy through growth investments
　• Large-scale, long-term, and strategic public-private investment based on the "Public-Private Investment Roadmap for the Content Sector"

Regarding AI and intellectual property rights, given the rapid advancements in generative AI, new challenges have emerged concerning the handling of training data, the relationship between generated products and copyrights, etc., and the relationship with the intellectual property system. Therefore, we plan to establish a Principles Code (tentative name) with the aim of ensuring a safe and secure usage environment for rights holders and users, and to promote the creation of an environment for returning compensation to creators and others.

Furthermore, regarding the strengthening of the industrial property rights system and its operation, it is essential to have an environment that allows for the swift and appropriate resolution of disputes when infringement occurs, as well as an environment that deters infringement. Therefore, in order to create an environment in which rights holders can effectively exercise their rights, we plan to consider how to improve and strengthen evidence collection procedures such as the visa system, conduct necessary studies on the possibility of extending this to copyrights, and how to deal with evidence located overseas, as well as consider mechanisms that enable the collective and organized exercise of intellectual property rights.

Furthermore, regarding intellectual property protection in the region, while intellectual property such as superior new plant varieties and food culture are strengths of the agriculture, forestry, fisheries, and food industries, the risks of overseas outflow and increased counterfeiting are also expanding. In light of this situation, in order to prevent the outflow of superior varieties overseas and to connect them to overseas earnings, we plan to establish a breeder's rights management organization this summer and put it into operation. We also plan to grasp the reality of counterfeit products overseas and respond appropriately, as well as promote model initiatives to protect and utilize brands through GIs and trademarks.

<Reference URL>
"Intellectual Property Promotion Plan 2026" (main body)
https://www.cas.go.jp/jp/seisakukaigi/titeki2/260612/keikaku_all.pdf
Overview of the "Intellectual Property Promotion Plan 2026"
https://www.cas.go.jp/jp/seisakukaigi/titeki2/260612/keikaku_gaiyo_all.pdf

"Bonbon Drop Seal": Eliminating counterfeit products and protecting the brand through trademark registration.

Arrests are being made in various locations on suspicion of violating trademark law (trademark infringement) for selling or possessing counterfeit versions of the popular sticker product "Bonbon Drop Seals" for the purpose of sale.

These crackdowns were made possible by increased cyber patrols by the police, based on reports from people who actually purchased counterfeit goods and information provided by "Coolia Co., Ltd.," the trademark holder of the products.

Kooria Co., Ltd. has completed trademark registration as follows to protect its brand and products.

• "BONBON DROP" (Registration No. 6957426: Class 14, Class 16)
• "BONBON DROP" (Registration No. 7049441: Class 14, Class 16)
  and characters

Under trademark law, if a trademark right is infringed, the trademark owner can seek civil measures such as "injunctions," "claims for damages," and "claims for restitution of unjust enrichment." However, the penalties for trademark infringement do not end there.

The Trademark Act stipulates criminal penalties for those who directly infringe trademark rights or who commit acts deemed to be infringement (preparatory acts, etc.). Individuals who infringe trademark rights may be subject to imprisonment for up to 10 years, a fine of up to 1000 million yen, or both (Article 78 of the Trademark Act). Furthermore, those who commit acts deemed to be infringement may be subject to imprisonment for up to 5 years, a fine of up to 500 million yen, or both (Article 78-2 of the Trademark Act).

Furthermore, trademark infringement is a "non-prosecutable offense." Even without a complaint from the trademark holder, investigations and prosecutions may proceed based on the independent judgment of law enforcement agencies such as the police.

The recent series of arrests across the country serve as a prime example of how trademark registration, as a legal shield, is functioning as a powerful weapon in cracking down on malicious counterfeit goods.

The amendment to the Seed and Seedling Law was passed in the House of Representatives plenary session.

In our April newsletter, we reported that the Ministry of Agriculture, Forestry and Fisheries had submitted a bill to amend the Seed and Seedling Law to the Diet, and on June 19, the bill was passed in the House of Representatives plenary session.
The main objectives of the amendment to the Plant Variety Protection Act are to prevent the outflow of superior new varieties developed domestically and to strengthen "plant breeders' rights" that protect developers.

The key points of this proposed amendment are as follows:

1. Accelerating the right to seek injunctions against unauthorized exports.
　Even if a variety registration application is pending, a new right will be established to prevent unauthorized export by third parties.
　Traditionally, unauthorized exports by third parties could only be prevented after variety registration was complete. 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.

2. Extension of the duration of breeder's rights
　The period of application for "plant breeder's rights," which grant exclusive rights to the production and sale of new varieties, will be extended by 10 years.

3. Response to unauthorized removal
　Regulations will be strengthened to prevent the export of registered varieties that are subject to export restrictions in violation of the conditions of the cultivation area or the export destination.

We will continue to monitor future developments in our newsletter.

Newsletter translated into English

Government Determines 2026 Intellectual Property Promotion Plan

On June 12, 2026, the government held the 55th meeting of the Intellectual Property Strategy Headquarters and determined the 2026 Intellectual Property Promotion Plan. The IP strategy is an important element of Japan's growth strategy, which will be compiled this summer. In order to accelerate Japan's growth through the power of IP, Prime Minister Sanae Takaichi, who serves as the Director-General, instructed Kimi Onoda, Minister of State for Special Missions of the Cabinet Office, who serves as the Deputy Director-General, to promptly put the 2026 Intellectual Property Promotion Plan into action.

The main points of the 2026 Intellectual Property Promotion Plan are as follows.

1. Value Creation by Promoting Investment in Intellectual Property and Intangible Assets
　・Promotion of national strategies and growth strategies centered on intellectual property and intangible assets
　・Further penetration of IP management that places intellectual property and intangible assets at the core of business strategy
2. Protection of Intellectual Property Tailored to the New Era of Generative AI and Other Technologies
　・Balancing the promotion of progress in generative AI technology with the appropriate protection of intellectual property rights
　・Consideration of how institutional measures should be implemented to effectively protect intellectual property adapted to an era of economic security
3. Promotion of Content Strategy through Growth Investment
　・Large-scale, long-term, and strategic public-private investment based on the Public-Private Investment Roadmap for the Content Sector

Regarding AI and intellectual property rights, the rapid progress of generative AI has brought to light new issues surrounding its relationship with the intellectual property system, such as the handling of training data and the relationship between generated works and copyrights. In view of this current situation, there are plans to establish a Principle Code (tentative name) aimed at ensuring a safe and secure utilization environment for right holders and users. Additionally, efforts will be made to promote the creation of an environment for returning consideration to creators and others.

In addition, regarding the strengthening of the property system and its operation, establishing an environment that can promptly and appropriately resolve disputes when right infringement occurs and deter infringement is essential for right holders to effectively exercise their rights. To prepare such an environment, the government will consider how to enrich and evidence collection procedures, such as the inspection system, and then conduct necessary examinations on extending these procedures to copyrights, etc., and handling evidence located offshore.

Furthermore, regarding the protection of regional intellectual property, while intellectual property such as excellent new plant varieties and food culture is a key strength of the agriculture, forestry, fisheries, and food industries, the risks of overseas outflow and increasing counterfeit products are expanding. To prevent the outflow of these excellent varieties and connect them to earnings from overseas, a breeder's right management organization is planned to be established and commercialized this summer. In addition, the government will promote model initiatives to protect and utilize brands through GIs, trademarks, etc., while grasping the actual situation of counterfeit products overseas and responding appropriately.

<Reference URLs>
2026 Intellectual Property Promotion Plan Full Text:
https://www.cas.go.jp/jp/seisakukaigi/titeki2/260612/keikaku_all.pdf
2026 Intellectual Property Promotion Plan Outline:
https://www.cas.go.jp/jp/seisakukaigi/titeki2/260612/keikaku_gaiyo_all.pdf

Elimination of Counterfeits of “Bonbon Drop Stickers” and Brand Protection through Trademark Registration

There has been a series of arrests in various locations on suspicion of Trademark Act violations (trademark infringement) for selling or possessing for the purpose of sale counterfeits of the popular sticker product “Bonbon Drop Sticker”.

These crackdowns were achieved through the strengthening of police cyber patrols based on reports from people who actually purchased the counterfeit products and information provided by Q-Lia Co., Ltd., the trademark right holder of the product.

Q-Lia Co., Ltd. has completed registration of the following trademarks for the purpose of protecting its brand and products.

• "BONBON DROP" (Registration No. 6957426: Classes 14 and 16)
• “BONBON DROP” (Registration No. 7049441: Classes 14 and 16)
  etc.

Under the Trademark Act, if a right is infringed, the trademark right holder can seek civil measures such as an injunction claim, claim for damages, or claim for return of unjust profit. However, the penalties for trademark infringement do not stop there.

The Trademark Act prescribes criminal penalties for persons who directly infringe trademark rights or who commit acts deemed to be infringement (preparatory acts, etc.). An individual who infringes a trademark right may be punished by imprisonment of up to 10 years or a fine of up to 10 million yen, or both (Article 78 of the Trademark Act). up to 5 million yen, or both (Article 78-2 of the Trademark Act).

Furthermore, trademark infringement is an offense prosecutable without a complaint. Even without a complaint from the trademark right holder, investigation and prosecution may proceed based on the independent judgment of investigative authorities such as the police.

The series of arrests in various places this time can be said to be a good example of how trademark registration, which serves as a legal shield, functions as a powerful weapon in cracking down on malicious counterfeit products.

Bill to Amend Plant Variety Protection and Seed Act Passed by House of Representatives Plenary Session

In the April issue of our newsletter, we reported that the Ministry of Agriculture, Forestry and Fisheries had submitted a bill to amend the Plant Variety Protection and Seed Act to the Diet, and on June 19, the bill was passed by the House of Representatives plenary session.
The main purposes of amending the Plant Variety Protection and Seed Act are to prevent the outflow of excellent new varieties developed domestically and to strengthen “breeder's rights” to protect developers.

The key points of the amendment bill this time are as follows.

1. Earlier realization of the right to claim injunction against unauthorized export
A right to claim an injunction against unauthorized export by a third party even while an application for variety registration is pending will be newly established.
Previously, unauthorized export by a third party could only be suspended after variety registration was completed. It can take up to six years from application to registration, and the risk of seeds and seedlings flowing out overseas during this examination period had been pointed out.

2. Extension of the duration of breeder's rights
The period of application of “breeder's rights,” which allow the exclusive production and sale of new varieties, will be extended by 10 years.

3.Response to unauthorized export
Regulations will be strengthened to prevent registered varieties that have restrictions on being taken overseas from being exported in violation of the conditions governing cultivation areas and export destinations.

We will continue to report future developments in our newsletter.