Article 1. The term "seeds and seedlings," as used in this Law, is defined to mean anyone designated by the Minister of Agriculture and Forestry among those ones, such as seeds, fruits, stalks, tubers, roots, parent-plants, seedlings, young-plants, young-shoots, or stock-trees available for the propagation of agricultural crops.
この法律において、種苗業者とは、種苗の販賣を業とするものをいう。
The term "seeds and seedlings tradesman," as used in this law, is defined to mean any person who engages in the business of dealing with seeds and seedlings.
Article 2. Any seeds and seedlings tradesman shall, with respect to each of his business place, submit the report stating the following particulars to each head of the city, town, or village in which his business place is situated:
一 氏名又は名称及び住所
1. Name or title and address;
二 当該営業所
2. Name of business place concerned;
三 当該営業所において取り扱う種苗の種類
3. Kinds of seeds and seedlings handled at the business place concerned;
四 前号の種苗の取引に関する帳簿の保管場所
4. Place where the books showing transaction of seeds and seedlings as prescribed in preceding item, are kept;
五 その他命令で定める事項
5. Other items provided for by an Order or Ordinance.
前項の事項中に変更を生じたときも、また同項と同樣とする。
The same shall apply to the case of alteration in any of the particulars specified in the preceding paragraph.
The reports stated in the foregoing two paragraphs shall, in case where the business is started anew, be submitted within two weeks from the day on which his business is started, and in case where a business place is set up anew, within two weeks from the day on which the new business place is set up, and in case where any alteration in the items stated in Par.1 has taken place, within two weeks from the day of its alteration.
In case where the reports stated in Pars.1 and 2 have been submitted to the head of a city, town or village, he shall report the same to the Minister of Agriculture and Forestry.
Article 3. No seeds and seedlings may be sold unless they are marked with the following particulars on the package or attached with a guarantee card stating the following particulars, except the case where a seeds and seedlings tradesman indicates the particulars specified in Items 1 to 6 below by a notice or by any method easily known to the public, as well as the case where any person other than seeds and seedlings tradesman sells his seeds and seedlings:
一 表示をした種苗業者の氏名又は名称及び営業所
1. Personal name or trade name and business place of the seeds and seedlings tradesman who indicated the specified particulars;
2. Kinds of the seeds and seedlings (including the species of stock-trees in case of ingifted young-trees) and varieties thereof (Name of seeds and seedlings which have been registered in accordance with provisions of Article 7);
三 種苗の生産地
3. The place where the seeds and seedlings have been produced;
四 種苗たる種子及び果実については、採種の年月（外國産のものにあつては、有効期限）
4. The date of collection, in case of seeds and fruits available for seeds and seedlings (the date of expiration, with respect to the foreign products);
五 種苗たる種子及び果実については、発芽率
5. The percentage of germination, in case of seeds and fruits available for seeds and seedlings;
六 農林大臣の指定する病害虫の有無
6. Whether seeds and seedlings are infested by disease of or noxious insects designated by Minister of Agriculture and Forestry;
In indicating the place of production prescribed in Item 3 in the preceding paragraph with respect to the indigenous products, the name of a city, town, or village in which they have been produced, and with respect to the foreign products, the name of a country in which they have been produced shall be stated respectively.
Article 4. The Minister of Agriculture and Forestry may cause the official concerned to collect from any seeds and seedlings tradesman the adequate quantity of seeds and seedlings available for inspection. In this case, however, the current price thereof shall be paid.
In case of the preceding paragraph, the official concerned shall show his identification certificate, if requested by the seeds and seedlings tradesman.
Article 5. In case where the Minister of Agriculture and Forestry deems it necessary to do so, upon inspection of seeds and seedlings, he may order the seeds and seedlings tradesman to submit to him any necessary report, book or any of documents pertaining to his business.
Article 6. The Minister of Agriculture and Forestry may order any seeds and seedlings tradesman who violates the provisions of Article 3, to alter any of the false particulars stated pursuant to the provisions of the same Article, or may prohibit him the illegal selling of the said seeds and seedlings.
Article 7. Any person or his successor, who produces a new superior variety or strain of seed or seedling, may apply to the Minister of Agriculture and Forestry for registration of the name of the said seed and seedling.
In case the production of a new superior variety or strain of seed and seedling is a result of joint effort of a group of persons, then one person selected from among the said group of persons or their successors after due conference among themselves may receive the registration as provided in the preceding paragraph.
In case the production of a new superior variety or strain of seed and seedling is resulted from the duties of public or governmental official or any official of a juridical person or of employee, and the said production is within the sphere of business and duty of government, public corporation, juridical person, or employer, the said public corporation, government, juridical person or employer may receive the registration, provided for in the preceding paragraph with the consent of the producer or his successor. In such case, the said producer shall not be entitled to receive the registration provided for in the same paragraph.
As to the same new superior variety or strain of seed and seedling to be applied for its registration, a person who applies first shall receive the registration as provided for in the first paragraph of this Article.
第一項の規定による登録を受けることができる種苗の種類は、農林大臣がこれを定める。
Kinds of seeds and seedlings to be applied for registration as provided for in the first paragraph of this Article shall be determined by Minister of Agriculture and Forestry.
Article 8. The name of a new superior variety or strain of seeds and seedlings to be applied for registration, as provided for in the first paragraph of the preceding Article shall be one name for a variety or strain, and it shall not be same nor similar to the name which has been used for other variety or strain of seeds and seedlings, nor it shall be same or similar to any trade mark of seeds and seedlings whose registration is still valid or has not elapsed more than one year from the day of expiration of its registration.
第九條 農林大臣は、第七條の規定による登録の出願を受けたときは、種苗審査委員会の審査に付する。
Article 9. The Minister of Agriculture and Forestry shall, upon the receipt of application for registration as provided for in Article 7, cause the Seed and Seedling Investigation Committee to conduct inspection on the said application for registration.
In case of the preceding paragraph where the Seed and Seedling Investigation Committee decides that the seed or seedling which has been applied for registration is to be a new superior variety or strain, the Minister of Agriculture and Forestry shall register the name of the said seed or seedling in the seeds and seedlings registration ledger, and he shall issue a certificate of registration to an applicant, and furthermore, he shall make public notice thereof.
The term of validity of registration as prescribed in Article 7 shall be more than three years and not more than ten years from the day of registration as decided by the Seed and Seedling Investigation Committee.
Article 10. No person other than those who have received the registration or any of his successors thereof in accordance with the provisions of Article 7, shall use the said registered name of seed or seedling, and shall deal in business by using the said name, except the following cases:
一 種苗業者が当該登録を受けた者又はその一般承継人の許諾を得て当該登録に係る種苗を販賣する場合
1. In case a seed and seedling trademan sells the registered seed and seedling with the consent of a person who has received registration, or any of his successors;
2. In case any person, who had produced the same variety or strain with that of registered seed and seedling prior to the production by the person who has received the said registration, intends to sell the said seed and seedling;
3. In case any person, who holds a patent right or a right for using thereof with respect to the production methods of the same variety or strain, with that of registered seed and seedling, intends to sell the seed and seedling, produced by the patented methods of production.
Any person who has received a registration pursuant to the provisions of Article 7 or his successor, may demand to suspend the use of the registered name to any person who uses the registered name in contravention of the provisions of the preceding paragraph, he may, however, also claim damages therefor.
Article 11. In any of the following cases the Minister of Agriculture and Forestry may order to suspend, during the period of investigation, to sell the registered seed and seedling or he may cancel the said registered name through the examination of the Seed and Seedling Investigation Committee:
一 第七條の規定による登録を受けた者が同條の規定による登録を受けることのできない者であつたとき。
1. If the person who has received the registration under Article 7, proves to be one disqualified for receiving a registration under the said Article;
二 第七條の規定による登録に係る種苗についての第九條第二項の決定に過誤があつたとき。
2. If there is an error with respect to the decision prescribed in Article 9, Paragraph 2, pertaining to the seed and seedling, intended to be registered under Article 7;
3. If any examination prescribed in Article 9, Paragraph 1, pertaining to the seed and seedling applied for a registration under Article 7, is made in contravention of any order or ordinance issued under this Law;
四 第七條の規定による登録に係る種苗の素質が第九條第一項の審査があつた当時におけると異つたとき。
4. If the quality of the seed and seedling registered pursuant to the provision of Article 7, comes to cease to be the same as it was at the time examined under Paragraph 1, Article 9;
5. If any person who received a registration under Article 7 or any of his successors, submits seeds and seedlings to sale unlawfully by abusing the registered name;
6. If any person who received a registration under Article 7 or any of his successors, has not sold the said seed and seedling by using the registered name for more than three years without any proper reasons.
第十二條 種苗審査委員会は、十五人乃至二十人の委員を以てこれを組織する。
Article 12. The Seed and Seedling Investigation Committee shall be composed of the members not less fifteen and not more than twenty persons.
委員は、農林大臣の申出により、学識経驗のある者の中から、内閣総理大臣がこれを命ずる。
The members shall, in accordance with the request of the Minister of Agriculture and Forestry, be appointed by the Prime Minister from among men of learning and experience.
この法律に規定するものの外、種苗審査委員会に関し必要な事項は、政令でこれを定める。
Any important particulars other those provided for by this Law, pertaining to the Seed and Seedling Investigation Committee, shall be provided for in a Cabinet Order.
第十三條 左の各号の一に該当する者は、これを一年以下の懲役又は一万円以下の罰金に処する。
Article 13. Any person who comes under any of the following items shall be liable to an imprisonment with hard labor not exceeding one year or a fine of not more than 10,000 yen:
一 第三條の規定に違反した者
1. Any person who violates the provisions of Article 3;
二 第三條の規定により表示すべき事項について虚僞の表示をした種苗を販賣した者
2. Any person who sells the seed and seedling by making a false indication with respect to the matters to be indicated in accordance with the provisions of Article 3;
三 第六條の規定による処分に違反して種苗を販賣した者
3. Any Person who sells the seed and seedling in contravention of the measure prescribed in the provisions of Article 6;
四 詐僞の行爲を以て第七條の規定による登録を受けた者
4. Any person who receives a registration under Article 7 through any false act;
五 第十條第一項の規定に違反した者
5. Any person who violates the provisions of Paragraph 1, Article 10;
六 第十一條の規定による命令に違反した者
6. Any person who violates the order issued under the provisions of Article 11.
第十四條 左の各号の一に該当する者は、これを一万円以下の罰金に処する。
Article 14. Any person who comes under any of the following items shall be liable to a fine of not more than 10,000 yen:
一 第二條の規定による届出を怠り、又は虚僞の届出をした者
1. Any person who fails to report or make a false report as prescribed in Article 2;
二 正当な理由がないのに第四條第一項の集取を拒み、妨げ、又は忌避した者
2. Any person who refuses to comply obstruct, or evade the request as prescribed in Paragraph 1, Article 4, without any proper reason;
Article 15. In case where any representative of juridical person or any proxy, or any employee, any other worker of a juridical person or of a person, violated the provisions of Article 13 as well as of the Item 1 or 3 of the preceding Article in connection with the business of the said juridical person or of the said person, the said juridical person or the said person shall be liable to a fine provided for in both Articles mentioned above adding to the penalty to the penalty to the actual offender.
附 則
Supplementary Provisions:
この法律施行の期日は、政令でこれを定める。
The date of enforcement of this Law shall be determined by a Cabinet Order.
Any person who is engaging in the seed and seedling production at the time of enforcement of this Law, shall submit a report under the provisions of Paragraph 1, Article 2, within two weeks from the day of its enforcement of this Law.
商標法の一部を次のように改正する。
The following partial amendments shall be made to the Trade Mark Law:
第二條第一項に次の一号を加える。
The following item shall be added to the provisions of Paragraph 1, Article 2:
十二 農産種苗法第七條ニ依リ登録セラレタル名称ト同一又ハ類似ニシテ同一又ハ類似ノ商品ニ使用スルモノ
"12. In case where the same name or the name similar to the registered name under the provision of Article 7 of the Agricultural Seeds and Seedlings Law, is intended to be registered with respect to the goods of the same kind or of the similar kind."
農林大臣 平野力三
Minister of Agriculture and Forestry HIRANO Rikizo
商工大臣 水谷長三郎
Minister of Commerce and Industry MIZUTANI Chozaburo