Illegal Rose Sales on Flea Market Apps: Protecting Rare Cultivars and Sustainable Rose Culture

In recent years, the proliferation of freemarket apps has made it easy to buy and sell goods between individuals. However, it is also true that illegal transactions are taking place behind this convenience. A particularly pressing issue in recent years is the sale of plants without permission, especially rare rose saplings, which violates the Seedling Act.

In January 2024, the Osaka Prefectural Police sent a woman in her 40s from Tokyo to the public prosecutor's office for selling rare rose saplings developed by the UK's David Austin Roses and registered in Japan without the company's permission through a freemarket app.

This incident is only the tip of the iceberg. Many freemarket sites currently have numerous listings of registered variety saplings and seeds that are suspected to have been propagated without authorization.

Why are such illegal acts rampant?

This is believed to be due to the increasing demand for rare roses, consumers' desire for easy access to saplings, and a lack of awareness of the law.

In particular, roses from David Austin Roses in the UK are internationally popular as English roses, and there are many enthusiasts in Japan. They are characterized by their beautiful form and rich fragrance, and rare varieties are often traded at high prices.

Seedling Act Violation: Infringement of Breeders' Rights

The Seedling Act is a law to protect the rights of breeders who have developed new varieties. Breeders' rights are the rights of breeders to exclusively propagate and sell varieties they have developed themselves.

Selling registered varieties without permission is an infringement of these breeders' rights and constitutes a violation of the Seedling Act.

Importance of Protecting Rare Varieties: The Legacy of Roses for the Future

The history of rose breeding is long, and various varieties have been created around the world. In particular, unique rose cultures have developed in countries such as the UK, France, and Japan, leading to the creation of many beautiful varieties.

However, in recent years, the rose growing environment has deteriorated due to factors such as climate change and urbanization, leading to the loss of rare varieties.

Furthermore, illegal sales as in this case can stifle breeders' motivation for development and lead to stagnation in rose breeding.

To protect the diversity of roses and pass them on to the future, we need to actively work to protect rare varieties.

For a Sustainable Rose Culture: What We Can Do

To eradicate illegal sales and make rose culture sustainable, a change in awareness among each of us is essential.

Consumers must purchase rose saplings from authorized retailers and respect breeders' rights.

Operators of freemarket apps also have a responsibility to monitor and take appropriate action against illegal listings.

Furthermore, national and local governments need to conduct educational activities on the Seedling Act and work to prevent illegal sales.

**Specific measures that can be considered include:**

* Consumer education: Disseminate knowledge about the Seedling Act and breeders' rights. Encourage purchases from authorized retailers. * Requests for cooperation with freemarket app operators: Strengthen measures such as monitoring and deleting illegal listings and restricting anonymous listings. * Support for breeders: Provide subsidies for research and development of new varieties and secure sales channels. * International cooperation: Collaborate with overseas breeder organizations to promote measures to prevent illegal sales.

It is also important to use international events related to roses, such as the 20th World Rose Convention Fukuyama 2025, to communicate the importance of rose variety protection to the world.

Roses are plants that have been loved by people since ancient times and have had a great impact on culture and art.

To pass on the beauty and diversity of roses to the future, we need to strengthen our efforts to eradicate illegal sales and create a sustainable rose culture.