2018 (Ne) 10053, 2018 (Ne) 10072

Injunction against breeder’s right

[Key issue] Interpretation of “the holder of the right has not had reasonable opportunity to exercise his/her right” (Article 2, paragraph (5), item (ii) of the Plant Variety Protection and Seed Act)

A case in which, in regards to a demand for compensation, etc. based on a breeder’s right of shiitake mushrooms, the court held that the exercising of the right against production or transferring or the like of harvested material shall be restricted only to the cases where the holder of the right has not had reasonable opportunity to exercise his/her right at the stage of propagating material, thereby partially restricting the exercising of the right.