RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/117/Add.1
1 December 1998
(98-4811)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE
PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT
ON GEOGRAPHICAL INDICATIONS
Checklist of Questions1
Responses from Japan
The present document represents the responses to the Checklist which the Secretariat has
received from Japan, by means of a communication from its Permanent Mission, dated
11 November 1998.
__________
I. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13
A. GENERAL
1. Is protection for geographical indications provided through unfair competition law, e.g.,
passing off, false designation of origin; through a formal procedure for notification/registration
before protection is available; or through both?  Does the recognition of a geographical indication
require registration?
Under Article 2(1)(x) of the Unfair Competition Prevention Law, the act of indicating which
is likely to cause misleading with respect to the place of origin or the act of assigning goods with such
an indication is regulated as one of the types of unfair competition.  Although Article 11(1)(i)
provides that the provision of Article 2(1)(x) does not apply to the act of using or indicating commonname or commonly-used indication in a normal manner, this exemption does not include the act of
using or indicating the name of a place of origin of goods which is made from grapes or uses grapes
as an ingredient, and has become a common name.
The Unfair Competition Prevention Law does not give exclusive rights for indication of the
place of origin but restricts the act of indicating which is likely to cause misleading with respect to the
place of origin.
With regard to geographical indications of wines or spirits, Commissioner of the Japanese
Patent Office (hereinafter referred to as the "JPO") designates those geographical indications whoseplaces of origins are in Japan so that protection can be provided pursuant to the provision
of Article 4(1)(xvii) of the Trademark Law.
                                                     
1 Documents IP/C/13 and IP/C/13/Add.1.IP/C/W/117/Add.1
Page 2
Pursuant to Article 4(1)(xvii), 15, 43 bis and 46 of the Trademark Law, a trademark
registration bearing a geographical indication used for a wine or a spirit not originating in the place
included in the geographical indication shall be refused by an examiner, or invalidated upon the
request by any parties involved.
Commissioner of the JPO does not make any such designation with respect to any
geographical indications of wines or spirits originating in other WTO Member states, but same
protective measures shall be taken for the prohibition of the use of geographical indications of wines
or spirits, not originating in the place included in the geographical indications pursuant to the
provisions of Article 4(1)(xvii) of the Trademark Law.
Appellations of origin of wines or spirits, which have been registered internationally under
Article 5(1) of the Lisbon Agreement for the Protection of Appellations of Origin and their
International Registration, are eligible to the protection mentioned in the previous paragraph unless
those international registrations have been cancelled  or hampered due to any inevitable reasons.  The
list of appellations of origin to be protected in this regard has been made open.
Geographical Indications of goods and services other than wines and spirits are not covered
by the aforementioned designation system, but similar measures are to be taken for any trademarks
liable to mislead as to the quality of goods or services pursuant to Article 4(1)(xvi), 43bis and 46 of
the Japanese Trademark Law.
With regard to geographical indications of wine or spirits, protection is also provided through
the Law concerning Liquor Business Association and Measures for Securing Revenue from Liquor
Tax.  That is, pursuant to the provision of Article 2 of the Standard for indication relevant to
geographical indication under Article 86 sexies (1), Commissioner of the National Tax Administration
shall designate geographical indications indicating places of origin for wines or distilled liquors madein Japan.  Those designated indications are prohibited to be used with respect to wines or distilled
liquors not originating in the place included in the geographical indications.
2. Is there one single regime of protection of geographical indications for all products?  If not,
identify the different regimes.
There is not one single regime of protection of geographical indications for all products.
Relevant regimes are:  Unfair Competition Prevention Law, Trademark Law and the Law concerning
Liquor Business Association and Measures for Securing Revenue from Liquor Tax (only with respect
to geographical indications of wines or distilled liquors).
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
According to the Trademark Law, any trademark registrations, which are liable to mislead as
to the quality of services, shall be refused by an examiner, cancelled upon the receipt of an opposition
or invalidated upon request by any parties involved.  (Articles 4(1)(xvi), 15, 43 bis, and 46 of the
Trademark Law.)
In this regard, if applications for trademarks for services contain geographical indications that
are liable to mislead the place to be served, those applications shall not be registered in order to
protect the genuine geographical indications.
The act of indicating geographical indications for services, which are likely to cause
misleading with respect to the place of origin, is al so restricted pursuant to Article 2(1)(x) of the
Unfair Competition Prevention Law.IP/C/W/117/Add.1
Page 3
4. What provisions of law or regulations are directed to the recognition of geographical
indications required by Article 22.2 and 23.1 of the TRIPS Agreement?  Citations to laws should be
provided and, if the texts of the laws have not been notified to the WTO, copies should be provided
pursuant to Article 63.2.
Relevant provisions are:
(a) Unfair Competition Prevention Law:  Article 2(1)(x);
(b) Trademark Law:  Article 4(1)(xvi), 4(1)(xvii) , 15, 43bis and 46;  Regulation under
the Trademark Law:  Article 1, 1 bis, 1ter, 1quater ;
(c) Law concerning Liquor Business Association and Measures for Securing Revenue
from Liquor Tax:  Article 86 sexies , 86septies ;  Cabinet Order Implementing the Law
concerning Liquor Business Association and Measures for Securing Revenue from
Liquor Tax;  Article 8 quater ;  Standard for indication relevant to geographical
indication.
5. If the required recognition of geographical indications is not provided through statutes or
regulations, please explain, in detail, the mechanism or mechanisms through which the protectionrequired is provided.
Not applicable.  (Please refer to the answers to questions 1 and 4.)
6. Please provide a few examples of domestic geographical indications protected in accordance
with the means discussed above and indicate the means by which such protection is provided.
They include "IKI","KUMA", and "RYUKYU", which are protected in the way as explained
in the Answer to Question 1.  ((I)Article 4(1)(xvi) of the Trademark Law and Article 1ter of the
Regulation under the Trademark Law, and (II)Article 86 sexies  of the Law concerning Liquor
Business Association and Measures for Secu ring Revenue from Liquor Tax, Article 8 quater  of the
Cabinet Order Implementing the Law concerning Liquor Business Association and Measures for
Securing Revenue from Liquor Tax and Standard for indication relevant to geographical indication)
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS
Agreement provided for any other product?   If so, please specify such products and the law under
which they are protected.
The higher level of protection required for wines and spirits is not provided for other products
under the Trademark Law and the Law concerning Liquor Business Association and Measures for
Securing Revenue from Liquor Tax.
B. 
DEFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
The Trademark Law and the Unfair Competition Prevention Law do not provide for any
definition with regard to "geographical indications".  Instead, the Trademark Law uses correspondingterm "origin" (Article 3(1)(iii) and 4(1)(xvii)).
According to the Trademark Examination Guidelines which illustrate aforementioned
Articles, "origin" means names of countries, famous geographical names (including names ofIP/C/W/117/Add.1
Page 4
administrative units, former names of countries, and geographical names used in foreign countries),
street names (including famous streets in foreign countries) or indications on maps.
With regard to geographical indications of wines or spirits, "geographical indication" is
defined as "the indication specifying that a liquor's place of origin is the territory of area/district of theterritory of a Member state of the WTO in the case that the established quality, general reputation, and
other characteristics of the liquor are mainly attributable to its geographical origin" in Article 1(1) of
the Standard for indication relevant to geographical indication under Article 86 sexies  of the Law
concerning Liquor Business Association and Meas ures for Securing Revenue from Liquor Tax.
9. Would such a definition comprise geographical indications identifying products of a certain
quality or reputation which are indirectly linked to a specific region?
No.  As far as geographical indications in respect of trademarks are concerned, the Trademark
Examination Guidelines specifically prescribe that  trademarks which indirectly indicate origins of
designated goods do not fall into the category of "origin" defined in Article 3(1)(iii) of the Trademark
Law.
10. In determining whether recognition should be given a geographical indication, what criteria
are considered?
In relation to the Trademark Law, we construe that "recognition of geographical indication"
means "designation made pursuant to Article 4(1)(xvii) of the Trademark Law".  Then, criteria would
rest on whether the indication meets the requirements defined in Article 22.1 of the TRIPS
Agreement.
In relation to the Law concerning Liquor Bu siness Association and Measures for Securing
Revenue from Liquor Tax, designation shall be made by checking whether the indication satisfies the
definition in Article 1(1) of the Standard for indication relevant to geographical indication under the
Law concerning Liquor Business Association and Measures for Securing Revenue from Liquor Tax.
(Please refer to the answer to question 8.)
11. Is there any human creativity involved in the making of specific products under protection by
the system of geographical indications?  If so, how much?  And do these products involve any humanfactors?
No.
12. Are there any other intellectual property rights involved, such as patents for example?
There are not any other intellectual property rights involved.
13. What authority, if any, may define the geographic region or area for which rights are claimed
and on what basis is such definition made?
With regard to the designation of geographical indications for wines or distilled liquors,
Commissioner of the National Tax Administration shall define the geographical region or area
pursuant to Article 2 of the Standard for indication relevant to geographical indication under Article
86sexies (1) of the Law concerning Liquor Business As sociation and Measures for Securing Revenue
from Liquor Tax.  (Please refer to the answer to question 4.)
14. Does your legislation contain criteria for homonymous geographical indications for wines?IP/C/W/117/Add.1
Page 5
No.
15. Does your national legislation provide for recognition and protection of geographical
indications or appellations of origin of foreign countries?
With respect to geographical indications of foreign countries, protection is provided through
the Trademark Law (Article 4(1)(xvii)) and the Law concerning Liquor Business Association and
Measures for Securing Revenue from Liquor Tax (Article 86 sexies (1)) pursuant to the provisions of
the TRIPS Agreement, although the designation systems under those laws do not extend to foreign
geographical indications.
16. Is there any specific prohibition in the legislation/regulations/rules/procedures covering
geographical indications not protected in the country of origin?  If so, please specify the relevant
statutory provision.
With regard to geographical indications of wines or distilled liquors, Article 3(2) of the
Standard for indication relevant to geographical indication provides for that protection shall not beprovided in the case of geographical indications that are not protected in the country of origin, or
geographical indications that ceased to be used in the country of origin.
C. 
PROCEDURE FOR RECOGNITION
17. With respect to any formal system for reco gnition of geographical indications, must the
applicant be a governmental organization or can a private entity own the rights to a geographical
indication?
Designation under Article 4(1)(xvii) of the Trademark Law is to be awarded to manufacturers
of wines or spirits that have filed the applications (Article 1 of the Regulation under the TrademarkLaw).
With respect to the system under the Law concerning Liquor Business Association and
Measures for Securing Revenue from Liquor Tax, de signation is to be awarded to Liquor Business
Associations as stipulated by the Law that have filed the applications.
18. What are the competent authorities where the protection of a geographical indication can be
obtained?
The competent authorities are:- The Japanese Patent Office (with regard to the designation system pursuant to the
provision under the Trademark Law);
- The National Tax Administration (with regard to the designation system pursuant to
the provision under the Law concerning Liquor Business Association and Measures
for Securing Revenue from Liquor Tax).
19. Do the procedures which lead to the recognition of a geographical indication take place
ex officio or must they be based on the initiative of an entity or person?
With regard to the designation system under the Trademark Law, manufactures of wines or
spirits shall submit a request for designation of geographical indication and Commissioner of the JPO
shall have it examined pursuant to Article 1 and 1 bis of the Regulation under the Trademark Law.IP/C/W/117/Add.1
Page 6
With regard to the designation system under the Law concerning Liquor Business Association
and Measures for Securing Revenue from Liquor Tax, the procedures must be based on the initiative
of Liquor Business Associations as stipulated by the Law.
20. What, if any, fees are involved in the application and maintenance of rights in a geographical
indication?
No fees are required with regard to the designation system under the Trademark Law as well
as the Law concerning Liquor Business Associatio n and Measures for Securing Revenue from Liquor
Tax.
21. If criteria must be set out in an application for recognition of a geographical indication, are
those criteria purely geographical in nature?
Yes.  With regard to the designation system under the Trademark Law, the Law prescribes
that wines or spirits must have their origins in the regions or areas included in the relevant trademarks
(Article 4(1)(xvii) of the Trademark Law and Article 1 of the Regulation under the Trademark Law).
With regard to the designation system under the Law concerning Liquor Business Association
and Measures for Securing Revenue from Liquor Tax, the Law and the Standard prescribes that
geographical indication means the indication specifying the liquor's place of origin (Article 86 sexies
of the Law concerning Liquor Business Associatio n and Measures for Securing Revenue from Liquor
Tax and Article 1(1) of the Standard for indication relevant to geographical indication).
22. What other criteria, if any, must be set out in an application for recognition of a geographical
indication?
With regard to the designation system under the Trademark Law, the application should
contain the following:
1. Place of origin of wines or spirits;
2. Types of wines or spirits;
3. Geographical indication;
4. Applicant's name and address;
5. Other documents to be appended;
(a) The articles of association or equivalent documents when an applicant is a
corporation;
(b) Document explaining the quality of the wines or the spirits;(c) Document certifying the use of the trademark bearing the geographical 
indication of the origin of the wines or spirits
(Form 1 according to Article 1 of the Regulation under the Trademark Law).23. What information must be supplied in an application for rights in a geographical indication?IP/C/W/117/Add.1
Page 7
With regard to the designation system under the Law concerning Liquor Business Association
and Measures for Securing Revenue from Liquor Tax, applicants should provide the following when
the authority examines the applications:
(a) Place of origin;
(b) Types of liquor;
(c) Reason for the application and other related information.
24. Must the goods and services with respect to which a geographical indication is claimed be set
out?
With regard to the designation system under the Trademark Law and the Law concerning the
Liquor Business Association and Measures for S ecuring Revenue from Liquor Tax, claims are only
awarded with respect to wines or distilled liquors  (including shochu, whisky, brandy and spirits).
25. What mechanisms are provided to oppose the recognition of a geographical indication?  How
is an investigation conducted after such a complaint?
With regard to the designation system under the Trademark Law and the Law concerning
Liquor Business Association and Measures for Securing Revenue from Liquor Tax, no procedures
have been laid down for filing an opposition against the designation.
26. Who can oppose the recognition of a geographical indication?
Not applicable.  (Please refer to the answer to question 25.)
27. If your national legislation provides for recognition and protection of geographical
indications or appellations of origin of foreign countries, what is the procedure that has to befollowed in order to obtain such recognition and consequent protection?
Article 4(1)(xvii) of the Trademark Law pres cribes that Commissioner of the JPO designates
origins of wines or spirits in Japan and that any trademark applications shall not be effected if they
include the designated origins.  However, that designation system does not extend to geographical
indications of foreign countries, whereas marks indicating origins of wines or spirits in a Member of
the WTO shall not be registered, if those marks are prohibited to be used on wines or spirits notoriginating in the region in that Member.
Also with regard to the designation syst em under the Law concerning Liquor Business
Association and Measures for Securing Revenue from Liquor Tax (Article 86 sexies (1)), the
designation does not extend to geographical indications of foreign countries, whereas protection shallbe provided to geographical indications of wines or distilled liquors in a Member of the WTO, if those
geographical indications are prohibited to be used on wines or distilled liquors not originating in the
region in that Member.
D. 
MAINTENANCE
28. How long does recognition for a geographical indication continue?
With regard to the registration under the Trademark Law and the Law concerning Liquor
Business Association and Measures for Securing Re venue from Liquor Tax, no particular provisions
are contained of the period of validity in terms of geographical indications.  However, Article 1 quaterIP/C/W/117/Add.1
Page 8
of the Regulation under the Trademark Law stipulat es that Commissioner of the JPO may cancel the
designation pursuant to the Article 4(1)(xvii) of the Trademark Law, if the designation turns out to be
inappropriate thereafter.
29. If recognition of a geographical indication mu st be renewed or reaffirmed, what information
must be provided in order to effect such a renewal or reaffirmation?  Specify any fees involved in
renewal or reaffirmation.
The Trademark Law does not grant any exclusive "rights" with regard to geographical
indications but only stipulates that designated origins are protected not to be effected as registered
trademarks by others.  Therefore, the Tradem ark Law includes no provisions on renewal or
reaffirmation.
The Law concerning Liquor Business Associa tion and Measures for Securing Revenue from
Liquor Tax includes no provisions on renewal or reaffirmation, either.
30. Must a geographical indication be used in order to maintain rights?  If so, how is such use
determined?
The Trademark Law and the Law concerning Li quor Business Association and Measures for
Securing Revenue from Liquor Tax include no provis ions on "non-use" of geographical indications.
(Please refer to the answer to question 29.)
31. Is there a specified limit for non-use before rights in a geographical indication cease and, if
so, what is that limit?
Not applicable. (Please refer to the answer to question 29.)
32. Who monitors the use of geographical indications to determine if the criteria identified in the
application continue to be met?
With regard to the designation system under the Law concerning Liquor Business Association
and Measures for Securing Revenue from Liquor Tax, National Tax Administration (including Tax
Bureau and Tax Office) monitors the use of geographical indications pursuant to the provisions of theStandard for indication relevant to geographical indication.
33. If a government entity is responsible for monitoring the use of geographical indications, what
are its procedures for doing so?
With regard to the designation system under the Law concerning Liquor Business Association
and Measures for Securing Revenue from Liquor Tax, no particular legal procedures are stipulated for
monitoring the use of geographical indications, although National Tax Administration (including Tax
Bureau and Tax Office) performs the duties.  (Please refer to the answer to question 32.)
34. Are there means by which interested parties may request termination of a geographical
indication based on non-use or failure to maintain the criteria identified in the application?  Describe
the procedure.
Article 1 quater  of the Regulation under the Trademark Law stipulates that Commissioner of
the JPO may cancel the designation under Article 4(1)(xvii) of the Trademark Law if any designation
turns out to be inappropriate with re gard to the origin.  In principle, it is Commissioner of the JPO that
may revoke the designation of geographical indication, and no legal procedure has been introduced to
permit interested parties to file a request for cancellation.IP/C/W/117/Add.1
Page 9
With respect to the designation under the Law concerning Liquor Business Associations and
Measured for Securing Revenue from Liquor Tax, the designation shall be cancelled if the designation
turns out to be inappropriate with regard to or igin (or if the applicant submits a request for
cancellation).  And no legal procedure has been stipulated to permit interested parties to file a requestfor cancellation in respect of the designation system under the Law concerning Liquor Business
Association and Measures for Securing Revenue from Liquor Tax.
35. Do the procedures which lead to forfeiture of a geographical indication take place ex officio
or must they be based on the initiative of an entity or person?
Please refer to the answer to question 34.
E. 
SCOPE OF RIGHTS AND USE
36. May anyone who meets the criteria submitted to obtain recognition of a geographical
indication use that geographical indication after recognition is given or must additional criteria or
procedures be followed by that party before use is permitted?
Though there is no provision that prescribes the use of geographical indications, we
understand that parties who hold geographical indi cations designated by Commissioner of the JPO
pursuant to the provision of Article 1 of the Regulations under the Trademark Law are able to use
their own geographical indications without additional criteria or procedures.
The Law concerning Liquor Business Associa tion and Measures for Securing Revenue from
Liquor Tax and the Standard for indication relevant to geographical indication do not provide for
particular limitations concerning the use by the applicant.
37. Who makes the determination regarding use of a geographical indication by particular
parties, the entity responsible for the recognition or the entity that obtained the recognition?
The Trademark Law only stipulates that designated geographical indications are protected not
to be effected as registered trademarks by others.  Accordingly, such designation by Commissioner of
the JPO is different from a regime that grants exclusive rights (including its exploitation), to
geographical indications.  In this regard, the Trademark Law does not prescribe the scope of right andits use.
The Law concerning Liquor Business Associa tion and Measures for Securing Revenue from
Liquor Tax does not proscribe any provisions of determination regarding use of a geographical
indication by particular parties.
38. Are there fees involved in receiving authorization to use a particular geographical indication
and, if so, what are those fees and how are they established?
Not applicable and no fees are required.  (Please refer to the answer to question 37.)
39. If there is a dispute regarding use of a geographical indication by a particular party, what
procedures are followed to resolve it?
Pursuant to Article 3 and 4 of the Unfair  Competition Prevention Law, a person whose
business interests are infringed or are likely to be infringed by a particular party's act of indicating on
goods or for services, which is likely to cause misleading with respect to the place of origin, is entitled
to seek an injunction for preventing or suspending such act, and in the case that his/her businessIP/C/W/117/Add.1
Page 10
interests are infringed intentionally or negligently,  compensation for damages, in a civil suit against
the aforementioned particular party.
40. Must individual authorized users of a geographical indication use that geographical
indication continually to retain their right to use it and, if so, how is their use determined and howlong will disuse be permitted?
Not applicable.  (Please refer to the answer to question 37.)
41. If there is a dispute over continuity of use by a particular party, how is it resolved?
Not applicable.  (Please refer to the answer to question 37.)
42. Does the regime for protection of geographical indications allow geographical indications to
be licensed and, if so, what conditions are imposed on such licenses?  If such conditions are not met,
what is the effect on the geographical indication?
Not applicable.  (Please refer to the answer to question 37.)
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the TRIPS
Agreement, applied in your country?
Not applicable with regard to the system under the Trademark Law.  (Please refer to the
answer to question 37.)
Article 3 of the Standard for indication releva nt to geographical indication under the Law
concerning Liquor Business Association and Meas ures for Securing Revenue from Liquor Tax
prescribes that "in case where certain geographical indications that were specified for wines or
distilled liquors in a Member state of the WTO have been used for ten  years and over as of 15 April
1994 or before 15 April 1994 on a bona fide basis in the territory of the Member state," those
indications shall not be prevented from use as geographical indications.
F. 
RELATIONSHIP TO TRADEMARKS
44. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.1 of the TRIPS Agreement are not nullified and impaired?
We interpret that this question refers to steps to  be taken in order to prevent the infringement
of a registered trademark owned by others (exclusive rights stipulated in Article 16.1 of the TRIPS
Agreement), which may be caused by the designation of a geographical indication.  In thisperspective, correlation between the designation of origin of wines or spirits under the Trademark
Law and other parties' registered trademarks is to be judged on a case-by-case basis when the JPO
examines applications for designation of origin of wines or spirits.
45. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and impaired?
We interpret that this question refers to steps to  be taken in order to prevent the infringement
of the registered trademark owned by others (exclusive rights stipulated in Article 16.2 and 16.3 of the
TRIPS Agreement), which may be caused by the designation of a geographical indication.  In thisperspective, correlation between the designation of origin of wines or spirits under the Trademark
Law and other parties' registered trademarks is to be judged on a case-by-case basis when the JPO
examines applications for designation of origin of wines or spirits.IP/C/W/117/Add.1
Page 11
46. What procedures are foreseen in case of a conflict of a geographical indication with a
trademark?
Where a mark in a trademark application falls on Article 4(1)(xvii) of the Trademark Law in
relation to another party's designated geographical indication, the application shall be refused by an
examiner, or the registration shall be cancelled upon the receipt of an opposition or invalidated upon
request by any parties involved (Article 4(1) (xvii), 15, 43(2) and 46 of the Trademark Law).
G. ENFORCEMENT
47. How are rights in the geographical indication enforced?  Are provisions available under
unfair competition law?  Trademark law?  Other laws?  Provide citations to the laws and, if they havenot been notified under Article 63.2 of the TRIPS Agreement, please provide copies.
Pursuant to Article 3 and 4 of the Unfair  Competition Prevention Law, a person whose
business interests are infringed or are likely to be infringed by a particular party's act of indicating on
goods or for services, which is likely to cause misleading with respect to the place of origin, is entitledto seek an injunction for preventing or suspending such act, and  in the case that his/her business
interests are infringed intentionally or negligently,  compensation for damages, in a civil suit against
the aforementioned particular party.
Under the Trademark Law, geographical indications designated pursuant to the provisions of
Article 4(1)(xvii) are protected not to be effected as registered trademarks by other parties.  (Article
4(1)(xvii), 15, 43 bis and 46)
And pursuant to the provision of the Law c oncerning Liquor Business Association and
Measures for Securing Revenue from Liquor Tax, Finance Minister can order liquor manufacturers orliquor sellers to observe the Standard for indication relevant to geographical indication in order to
pursue the adequacy for indication for the sake of smooth transaction of liquors and the benefit of
consumers.  (Article 86 sexies  (3),(4), 86 septies  and 98.)
48. Who has the right to enforce a geographical indication?
Under the Unfair Competition Prevention Law, any person whose business interests are
infringed or likely to be infringed by the act of indication on goods or for services, which is likely to
cause misleading with respect to the place of origin has the right.
Article 1 of the Regulation under the Trademark Law prescribes that a person engaged in the
manufacturing of wines or spirits (including an a ssociation of the manufactures of wines or spirits)
who desires to obtain the designation of an origin of wines or spirits as stipulated in Article 4(1)(xvii)
of the Trademark Law shall submit a request to Commissioner of the JPO.  Thereby aforementioned
manufactures of wines or spirits can exclude others' trademark registrations for wines or spirits
originating in another region or area than those included in the designated geographical indication.
Under the Law concerning Liquor Business Association and Measures for Securing Measures
for Revenue from Liquor Tax, liquor business associations having applied for the designation has the
merit that the Finance Minister (including Commissioner of the National Tax Bureau) shall direct,
order or fine liquor manufactures or liquor sellers concerning inappropriate use of the designated
geographical indications (Articles 86 sexies  (3),(4), 86 septies  and 98).
49. What judicial or administrative bodies have jurisdiction over enforcement actions related to
geographical indications?  Are there fees involved and, if so, what are those fees?IP/C/W/117/Add.1
Page 12
(I) Courts in civil cases and courts and (II) investigating authorities (that is, prosecutors and
police) in criminal cases have jurisdiction as for the action initiated pursuant to the provisions of the
Unfair Competition Prevention Law.
In lodging a civil suit for the prevention or suspension of infringement or compensation for
damages resulting from such infringement pursuant to Article 3 and 4 of the Unfair Competition
Prevention Law, plaintiff must pay a fee which is calculated in proportion to the value claimed with
respect to the suit as stipulated in Article 3(1) and paragraph 1 of Annexed list 1 of the Law
concerning the Costs of a Civil Suit.
With regard to criminal cases, no fees are required of a party to whom protection of a
geographical indication is provided through the procedure.
The Trademark Law contains no provisions regarding the jurisdiction over enforcement
actions related to geographical indications.
As regards the designations system under the Law concerning Liquor Business Association
and Measures for Securing Revenue from Liquor Tax, Ministry of Finance (Finance Minister) or the
National Tax Administration (Commissioner)  have jurisdiction.
50. Must the public be notified of the existence of a geographical indication and, if so, how and
how often?
Designation under the Trademark Law is notified to the public in the Gazettes issued by the
JPO.  And designation under the Law concerning the Liquor Business Association and Measures for
Securing Revenue from Liquor Tax is notified to the public through the Notification by the National
Tax Administration.
51. Is unauthorized use of a geographical indication subject to criminal action and, if so,
describe the procedures.  If the law has not been notified pursuant to Article 63.2 of the TRIPS
Agreement, please provide a copy.
Article 13(1)(i) of the Unfair Competition Prevention Law stipulates that a person who
commits, for an unfair purpose, the act described in Article 2(1)(x) shall be sentenced toimprisonment for a term not exceeding three years or fined an amount not exceeding three million
yen.  And Article 14 of the Unfair Competition Prevention Law stipulates that a legal entity shall also
be fined an amount not exceeding one hundred million yen (the amount will be raised to three
hundred million yen in 1999) in the case where a representative or an agent or other employee of the
aforementioned legal entity has committed, in connection with its business, the act of indicating ongoods or for services, which is likely to cause misleading with respect to the place of origin.  The
procedure shall be subject to the Code of Criminal Procedure.
The Trademark Law has no provisions regarding the criminal action in case of unauthorized
use of designated geographical indications.
With respect to the designation system under the Law concerning Liquor Business
Association and Measures for Securing Revenue from Liquor Tax, any liquor manufacturers or any
liquor sellers who has violated the order to observe the Standard for indication relevant to
geographical indication in connection with the designated geographical indications of wines or
distilled liquors are subject to fines not exceeding a hundred thousand yen (Article 98).IP/C/W/117/Add.1
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H. INTERNATIONAL AGREEMENTS
52. Is your government party to an international, including  bilateral or plurilateral, agreement
for the notification and/or registration of geographical indication?  If so, please name the
international agreement and explain the relations hip between it and your national legislation?
No.
53. What other international agreements, if any, have been entered into?  What do those
agreements provide?
Japan is a member state to Paris Convention for the Protection of Industrial Property and
Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, withregard to the protection  of protection of geographical indications.  Those agreements provide for the
means to prevent direct or indirect use of a false or misleading indication of the source of the goods.
II. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13/ADD.1
A. 
GENERAL (SECTION A OF DOCUMENT IP /C/13)
1. Does your economy's industrial property law and/or related law prevent the use of
geographical indications identifying wines or spirits against products not originating in the place
indicated by the geographical indication, even where the true origin of the goods is indicated or the
geographical indication is used in translation or accompanied by expressions such as "kind", "type",
"style", "imitation" or the like?
Pursuant to the provision of Article 2 of the Standard for indications relevant to geographical
indications under Article 86 sexies (1) of the Law concerning Liquor Business Association and
Measures for Securing Revenue from Liquor Tax, protection is provided in respect of aforementioned
cases and any liquor manufactures or liquor sellers who do not observe the Standard shall be subjectto direction, publication, order or a fine.
B. 
DEFINITION AND CRITERIA FOR RECOGNITION (SECTION B OF DOCUMENT IP /C/13)
2. Is there a clear distinction among the terms "geographical indications", "appellations of
origin" and "indications of source" in your economy's industrial property law and/or related law, or
are there any substantive criteria to distinguish these terms?
Those terms are not clearly distinguished in our laws related to intellectual property.  (the
Trademark Law, the Unfair Competition Preven tion Law and the Law concerning Liquor Business
Association and Measures for Securing Revenue from Liquor Tax) Trademark Law (Article
4(1)(xvii)) and the Standard for indication relevant for geographical indications (Article 2) under the
Article 86 sexies  of the Law concerning Liquor Business Association and Measures for Securing
Revenue from Liquor Tax use the term "origins", whereas the Unfair Competition Prevention Law
(Article 2(1)(x)) and the Standard for indication relevant for  geographical indications (Article 1(1))
use the term "place of origin."  And there exist no substantive criteria for distinguishing these terms.
3. Does you legislation contain criteria for homonymous geographical indications for wines and
spirits?
No.IP/C/W/117/Add.1
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C. RELATIONSHIP TO TRADEMARKS (SECTION F OF DOCUMENT IP /C/13)
4. Does your economy's industrial property law and/or related law provide the refusal or
invalidation or a trademark registration, which consists of or contains geographical indications
identifying wines or spirits with respect to such wines or spirits not originating in the indicated
territory?
A trademark, which consists or contains geographical indications identifying wines or spirits
with respect to such wines or spirits not originated  in the indicated territory, shall be refused by an
examiner, cancelled upon the receipt of a written opposition, or invalidated upon request by any
parties involved.  (Article 4(1)(xvii), 15, 43 bis and 46.)
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