WT/REG441/2  
 
16 March  2023 
(23-1915) Page: 1/3 
Committee on Regional Trade Agreements  Original: English  
 
 
COMPREHENSIVE ECONOMIC PARTNERSHIP AGREEMENT BETWEEN  
THE UNITED KINGDOM AND JAPAN  
(GOODS AND SERVICES)  
QUESTIONS AND REPLIES  
 The following communication, dated 14 March  2023, is being circulated at the request of the 
delegations of  the United Kingdom and Japan . 
 
_______________  
 
Questions from Brazil  
 
Intellectual property rights  
 
1.1.  "Item 5.48, of the report mentions that 'Article 14.26 applies to the recognition and 
protection of GIs for wines, spirits and other alcoholic beverages as well as agricultural 
products which originate in the Parties'. Do the laws of any of the parties restrict the 
protection of geographical indications to specific products, category of products or 
economic sector? If so, which ones? "  
Joint response from the Parties  
 The U nited Kingdom  operates four sui generis GI schemes in Great Britain. These are 
Agricultural Products and Foodstuffs, Aromatised Wines, Spirits and Wines. To be protected in Great 
Britain a geographical indication must fit within one of these schemes. Geographical indications must 
also be classifiable as one of the product categories contained within our legislation. For Agricultural 
Products and Foodstuffs these product categories are contained in Article 2 (1) and Anne x 1 of 
retained EU regulation No 1151/2012 (linked here). For Aromatised Wines the product categories 
are contained in Article 3 of retained EU Regulation No 251/2014 (linked here). For Wines the product 
categories are contained in Article 93 and Part II of Annex VII to retained EU regulation No 
1308/2013 (linked here). For Spirits the information is contained in retained EU Regulati on No 
2019/787 (linked here). The UK does not protect non -agricultural products under our sui generis GI 
schemes, these GIs may instead be protected through collective or certification trade marks, which 
are covered by Sections 49 and 50, along with Schedules 1 and 2 of the Trade Marks Act 1994 
(linked here). 
 
 Japan operates two GI schemes. In order to be  protected in Japan as geographical indications, 
these items such as agricultural, forestry and fishery products, foodstuffs, wine, spirits and other 
alcoholic beverages must comply with standards of one of these schemes. As it is listed in Annex14 -
A of th e CEPA, the categories of wine, spirts and other alcoholic beverages are contained in 
Paragraph  1 (1) of the Notice on Establishing Indication Standards Concerning Geographical 
Indications for Liquor (National Tax Agency No.19 of 2015) (linked here) and Article 2 (1) of the Act 
on Securing of Liquor Tax and on Liquor Business Associations (Law No.7 of 1953) (Japanese only, 
linked here). Categories of agricultural, forestry and fishery products as well as foodstuffs are 
contained in Article 2 (1) of the Act on Protection of the Names of Specific Agricultural, For estry and 
Fishery Products and Foodstuffs (Law No.84 of 2014) (linked here). 
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  1.2.  "According to item 5.56, of the report, 'A Committee on Intellectual Property is 
established by Arti cle 23.3' and 'Its functions are set out in Article 14.61.2.' Brazil would 
be glad to receive information on the functions, scope, competencies and composition of 
the said committee" . 
Joint response from the Parties  
 
 The Committee on Intellectual Property  has a variety of functions, including reviewing and 
monitoring the implementation and operation of the IP Chapter, exchanging information on 
legislative and policy developments on geographical indications and on any other matter of mutual 
interest in the area of geographical indications, or discussing any issues related to intellectual 
property. A full list of functions can be found in Article 14.61 of the Agreement. The Committee 
reports its findings and the outcomes of its discussions to the Joint Commit tee. The scope includes 
all aspects of Intellectual Property, including specific rights areas like copyright, patents and 
geographical indications (GIs). Other committees may also discuss Intellectual Property related 
issues where relevant. As well as the competencies laid out in Article 14.61.2, as per Article 14.34 
the committee is responsible for the addition of further GIs and can make a recommendation to the 
Joint Committee to make a decision to amend the treaty. In terms of cross -departmental 
engageme nt, members of the UK Department for Business and Trade and the Ministry of Foreign 
Affairs of Japan specialising in Intellectual Property are supported where required by other agencies 
and departments where there is a cross -cutting need.  
 
Competition  
 
1.3.  "Paragraph 5.59 of the Factual Presentation of the Agreement between the UK and 
Japan states that 'the Parties agree to maintain their competition laws to address specific 
anti-competitive behaviour and practices. Each Party shall apply their competition law to 
all enterprises, private and public, engaged in economic activities.' What is the specific 
procedure of each competition authority to exert jurisdiction over the enterprises of the 
other party? Is this procedure different from the ordinary one applied t o other countries 
not part of the agreement?"  
Joint response from the Parties  
 
 Article 11.2 of the UK -Japan Agreement requires the Parties to take appropriate measures 
against anticompetitive practices including enforcing their respective competition law in their 
territories. In both the U.K. and Japan, there is no special procedure for applying their respective 
competition law to enterprises of the other Party, the same rules under their respective domestic 
legislation will be applied in all cases.  
 
1.4.  "Conc erning paragraph 5.10, we would like to know if the agreement provides for 
specific cooperation between the two national antitrust authorities. If so, does this 
cooperation cover the possibility of exchanging confidential information without the 
signature of waivers?"  
Joint response from the Parties  
 
 Article 11.9 of the Agreement provides that the competition authorities of the Parties may 
exchange information to the extent permitted by each Party’s law and regulations.  While the 
Agreement does not create any new provision beyond what is already possible in domestic law, 
Article 11.9.3 provides that detailed cooperation arrangements may be made  between the 
authorities of the Parties.  
 
 The relevant UK law governing the disclosure of information by c ompetition authorities sets 
out gateways for the disclosure of specified information which comes to them in connection with 
their functions. One of the gateways relies on consent of the entity/individual who provided the 
information to the UK competition a uthority concerned or to whom the information relates, but other 
gateways do not require obtaining such consent.  
 
 
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   The Japanese gateway for provision of information by the Japan Fair Trade Commission (JFTC ) 
to a foreign competition authority is set out in Article 43 -2 of Anti -Monopoly Act. This Article 
stipulates several requirements for such provision, but there is no requirement related to consent of 
the entity/individual concerned. Therefore, JFTC can pr ovide a foreign competition authority with 
confidential information only if all of requirements of Article 43 -2 are met, but it is not necessarily 
required to obtain such consent.  
 
Question from  the European Union  
 
Sanitary and phytosanitary measures  
 
1.5.  Para graph 3.44: The provisions of Chapter 6 are not subject to dispute settlement 
under Chapter 22 of the Agreement (Article 6.16). Does it mean that CEPA DS does not 
apply to SPS Chapter at all? Thus, only WTO DS mechanism?  
Joint response from the Parties  
 
 The effect of Article 6.16 is that the provisions in Chapter 22 of the Agreement do not apply 
to Chapter 6. Each Party retains the right to bring disputes within the WTO in respect of rights and 
obligations under the WTO SPS Agreement. Article 6.4 affirms both parties’ rights and obligations 
relating to SPS measures under the WTO SPS Agreement.  
 
Question from the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu  
 
General provisions of the agreement  
 
Electronic commerce  
 
1.6.  Paragraph  5.76: The Par ties agree to maintain a dialogue on regulatory matters 
relating to electronic commerce including, inter alia , consumer protection, personal 
information protection, cybersecurity, electronic trust services, treatment of digital 
products, emerging technolog y, including artificial intelligence and the Internet of Things, 
intellectual property and electronic government (Article 8.83).  
 How will the dialogue be conducted? Will the private sector, academia, or other 
stakeholders from each Party be invited?  
  
Joint response from the Parties  
 The Parties are not required to utilise a specific mechanism or forum to maintain a dialogue, 
but rather to continue to discuss and cooperate on regulatory matters relating to electronic 
commerce. One such forum could be the  Committee on Trade in Services, Investment Liberalisation 
and Electronic Commerce established by the agreement. Both Parties will consider on a case -by-
case basis whether to invite the private sector, academia, or other stakeholders to join in these 
discussions where appropriate.  
 
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