Geographical Indications Law in Japan
Here’s a detailed overview of Geographical Indications (GI) law in Japan:
🇯🇵 Geographical Indications Law in Japan
1. Legal Framework
Japan introduced a specific Geographical Indications protection system under the:
Geographical Indications Protection Act (GIPA), effective from June 1, 2015.
The system is sui generis, separate from trademark law, aimed at protecting traditional and regionally distinct products.
Administered by the Japan Patent Office (JPO).
Japan is a member of:
The World Trade Organization (WTO) and complies with the TRIPS Agreement.
International treaties relevant to intellectual property but has its own national GI system.
2. Scope of Protection
GIs protect names or indications used on products that:
Originate from a specific geographical area in Japan.
Possess qualities, reputation, or characteristics essentially attributable to that geographical origin.
Eligible products include:
Agricultural products
Forestry products
Fishery products
Foodstuffs (processed foods, beverages)
Traditional crafts
3. Registration Process
Applicants (individuals, groups, or producers associations) file an application with the JPO.
The application must include:
The name of the GI.
The specific geographical area.
Description of the product and its link to the area.
Production standards and methods.
The JPO examines the application for compliance.
If accepted, the GI is registered and published.
4. Rights Conferred
Only producers in the defined geographical area, complying with the product specifications, can use the registered GI.
The GI right holder can prevent unauthorized use, imitation, or misuse of the GI.
Protection covers:
Use on labels, packaging, advertising, and marketing.
Registered GIs receive protection against infringement under civil and criminal law.
5. Duration and Renewal
Protection lasts for 10 years.
Renewable indefinitely for subsequent 10-year periods.
6. Enforcement
The right holder can take civil actions for:
Injunctions
Damages
Corrective measures
Criminal penalties apply for fraudulent or deceptive use.
Customs authorities may assist with border enforcement to prevent counterfeit goods.
7. Notable Japanese GIs
Yubari Melon
Shizuoka Green Tea
Kobe Beef
Koshihikari Rice
Hakodate Kombu
These are examples of well-known registered GIs.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Geographical Indications Protection Act (2015) |
| Registration Authority | Japan Patent Office (JPO) |
| Eligible Products | Agricultural, fishery, forestry, processed foods, crafts |
| Protection Duration | 10 years, renewable |
| Rights | Exclusive use, prevent misuse/false use |
| Enforcement | Civil and criminal remedies, customs enforcement |
| International Compliance | WTO TRIPS Agreement |
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