G/TBT/N/JPN/448/Add.3  
 
30 August 2018  
(18-5424) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
  
NOTIFICATION  
Addendum  
The following communication, dated 29 August 2018, is being circulated at the request of the 
delegation of Japan .  
 
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Draft Outline of Amendment to  the Act on Protection of the Names of Specific Agricultural, Forestry 
and Fishery Products and Foodstuffs  
In response to the Japan -EU Economic Partnership Agreement (EPA) signed in July 2018 and to 
ensure the proper reciprocal protection of geographical i ndications based on the EPA, Japan hereby 
provides notification that it intends to amend the Act on Protection of the Names of Specific 
Agricultural, Forestry and Fishery Products and Foodstuffs (hereinafter referred to as "the Act "). 
The amendment include s the restriction on the period of prior use and the expansion of regulatory 
scope to advertisement etc. both with respect to geographical indications. The main points of the 
amendment will be as follows.  
1. The Restriction on the Period of Prior Use  
The current Act allows the use of indication for agricultural, forestry and fishery products etc. 
(hereinafter referred to as "agricultural products ") that is same or similar as the 
registered/designated geographical indication if it has been used without any illicit purposes since 
before the date of registration/designation of the geographical indication. The amendment will limit 
the prior use for the duration of 7 years from the date of registration/designation of the 
geographical indication. The prior use fo r the duration of 7 years shall not be applied if the use of 
the designated geographical indication does not comply with the relevant laws and regulations of 
the other party.  
The continuous use of a trademark will be only allowed when it was applied witho ut any illicit 
purposes before the date of registration/designation of the geographical indication.  
2. The Expansion of Regulatory Scope  
The current Act lays down the rules for the use of geographical indication on agricultural products 
and their packages.  The amendment will expand the regulatory scope to the use of geographical 
indication through advertisement materials, price lists or transaction documents of agricultural 
products. Agricultural products that belong to the category of the registered/design ated 
geographical indications will be prohibited to use any indications that mislead to the true 
registered/designated geographical indication.  
*Note:  The Act covers agricultural, forestry and fishery products and foodstuffs which fall under 
any of the fol lowing items, with the exception of alcoholic beverages, drugs, and 
cosmetics:  
1) agricultural, forestry and fishery products (limited to those served for human consumption);  
2) food and beverages;  
3) agricultural, forestry and fishery products (excluding those served for human consumption) 
designated by the Cabinet Order; and  G/TBT/N/JPN/448/Add.3  
 
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  4) the products manufactured or processed using agricultural, forestry and fishery products as 
materials or ingredients (excluding those served for human consumption) designated by th e 
Cabinet Order.  
Proposed date of adoption: To be determined  
Proposed date of entry into force: To be determined  
This addendum concerns a  Modification of content and/or scope of previously notified draft 
regulation  
Comment period: Thirty days from the date  of circulation of t he addendum to the notification.  
Agency or authority designated to handle comments: [X] National Enquiry Point. Address, fax 
number and e -mail address (if available) of other body:  
Japan Enquiry Point  
International Trade Division  
Econom ic Affairs Bureau  
Ministry of Foreign Affairs  
Fax: (+813) 5501 8343  
E-mail: enquiry@mofa.go.jp  
Text available from: [X] National Enquiry Point. Address, fax number and e -mail address (if 
available) of other body:  
Japan Enquiry Point  
International Trade Division  
Economic Affairs Bureau  
Ministry of Foreign Affairs  
Fax: (+813) 5501 8343  
E-mail: enquiry@mofa.go.jp  
 
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