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#Japan: Online platform for Japanese agricultural GIs
The Act on the Protection of the Names of Specific Agricultural, Forestry and Fishery Products and Foodstuffs Act (the GIs Act) entered into force in Japan in June 2015. In April this year, the Intellectual Property Division of the Japan’s Ministry of Agriculture (MAFF) published an online platform where key information about Japanese agricultural GIs can be found: https://gi-act.maff.go.jp/en/outline.html
The main features of the GIs Act are as follows:
- GIs are defined as a names used to identify agricultural, forestry, fishery, food and beverage products (with the exception of alcoholic beverages, drugs and cosmetics), originating from a place, a region or the all country. Such products must have a specific quality, reputation or other characteristics attributable to their geographical origin;
- Groups of producers can submit GI applications to the MAFF. An opposition procedure is provided;
- Once registered, any member of the group of producers which submitted the application can use the GI;
- The effect of registration is indefinite in time, provided that relevant group of producers remains operational and the specific product’s quality maintained;
- Some level of administrative enforcement is provided, with the MAFF empowered to issue administrative orders in case of unlawful use of GIs.
#Mercosur #EU: Leaked IPRs chapter
Consolidated texts on the EU-Mercosur negotiations were leaked following the negotiation round which took place in early March. This does not constitute the final version of the IPRs chapter as the negotiations are still ongoing (some provisions are in brackets, which means that no agreement was yet found on these topics).
In particular, article 12.3, paragraph 1, covers the scope of protection of the GIs included in the annex to the agreement. The protection is granted against:
- any direct or indirect commercial use of a protected name for comparable products not complying with the product specification of the GI; or that exploits the reputation of a GI;
- the use of a GI not originating in the place indicated by the GI, even where the true origin of the goods is indicated, or GI is used in translation or accompanied by expressions such as “kind”, “type”, “style”, “imitation” or the like;
- any misuse, imitation or deceiving use of a protected name of a GI; or any false or misleading indication to a protected name of a GI; or any other practice liable to mislead the consumer as to the true origin of the product.
Interesting to check as well article 12.3, paragraph 3, on the relationship with trademarks; article 12.3, paragraphs 4 to 7, on multi-component or common terms; article 12.3, paragraphs 8, on homonymous names; article 12.5 on enforcement (administrative actions – ex officio – and judicial means).
Interesting to check as well article 12.3, paragraph 3, on the relationship with trademarks; article 12.3, paragraphs 4 to 7, on multi-component or common terms; article 12.3, paragraphs 8, on homonymous names; article 12.5 on enforcement (administrative actions – ex officio – and judicial means).
See the EU-Mercosur negotiations leaked IPRs chapter
