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○ Notice on  Establishing Indicating  Standards  Concerning  Geographical Indications 
for Liquor (National Tax Agency Notice No. ●) 
 
Pursuant to  the provisions of Article 86-6, paragraph (1) of Act Concerning Liquor 
Business Associations and Measures for securing Revenue from Liquor Tax (Act No. 7 of 
1953 ), this notice  is issued under the provisions of the same Article , paragraph (2) to the 
effect that indications  standards concerning  geographical indications for liquor shall be 
established as follows. The notice on Establishing Indications  Standards  Concerning  
Geographical Indications (National Tax Agency Notice No. 4, December 1994 ) and the 
notice on Establishing Origins of Grape Wine, Distilled Liquor , or Sake  Designated by 
the Commissioner of the National Tax Agency  as Stated  in Paragraph (2) of the 
Indication  Standards  Concerning Geographical Indications   (National Tax Agency 
Notice No. 6, June 1995 )shall be repealed  as of (Date).  
Date:  
Commissioner of the National Tax Agency:  
 
 
Indication  Standards  Concerning  Geographical Indications for Liquor  
 
(1) Definitions  
The terms listed below shall have the meanings defined in each of the following 
items : 
(i) “Liquor ” mean s the liquor as provided in Article 2, paragraph (1) of the Liquor 
Tax Act (Act  No. 6 of 1953 ); 
(ii) “Liquor  classes ” mean s the classes  as listed in Article 3, items (vii) to (xxiii) of the 
Liquor Tax Act;  
(iii) “Geographical indications ” mean s indication s which identif y a liquor as 
originating in the territory of a member state of the W orld Trade Organization  
(hereinafter referred to as “WTO”) , or a region or locality  in that territory, where a 
given quality, reputation or other characteristics of the liquor (hereinafter 
referred to as “ characteristic  of liquor”) is essentially attributable to its 
geographical origin, and which is 
(a) Designated  by the Commissioner of the National Tax Agency , or  
(b) Protected  in a member state o f the WTO  other than Japan;   
(iv) “Liquor categories ” mean s the following  categories : “Grape  wine ”, “Distilled 2 
 liquor ”, “sake ”, or “other kinds of liquor ”; 
(v)  The category of “Grape wine” contains  the following liquor  classes ; wine  and 
sweet wine  (excluding wine and sweet wine produced by using any fruit other 
than grape) ;  
(vi) The category of “Distilled liquor ” contains  the following liquor  classes ; 
continuous distilled  shochu , pot still shochu , whisky, brandy, material alcohol, 
and spirit s; 
(vii) The category of “Sake ” mean s sake  as a liquor class ; 
(viii)  The category of “Other kinds of liquor ” contains  any liquor class es other than 
what is referred  in items  (v) to ( vii); 
(ix) “Use” mean s the the following acts carried out by manufacturers or distributors  
of liquor,  
(a) The act of displaying geographical indications on the containers or packages of 
liquor,  
(b) The act of transferring,  deliver ing, exhibiti ng for the purpose of transferring 
or delivering , export ing, or import ing liquor display ed geographical indications on 
the containers or packages  , and  
(c) The act of exhibiting or distributing an advertisement, a price list or a 
transaction document of liquor , which is d escribed geographical indications . 
 
(2) Designation of geographical indications  
The Commissioner of the National Tax Agency may designate the matters listed in 
the following items  (hereinafter referred to as “ product  specifications ”), indication  
method , geographical area of the production , and a liquor category  as geograp hical 
indications listed in item  (iii), (a) of the preceding paragraph  when it find s clear that 
the characteristic of liquor which is essentially attributable to its geographical origin  
and when it finds that management to maintain the characteristic of liquor is carried 
out appropriately : 
(i) Matters related to the characteristic of liquor which is essentially attributable to 
its geographical origin  
(ii) Matters related to the ingredients and manufacturing method  of liquor ; 
(iii) Matters related to management to maintain the characteristics of liquor; and  
(iv) Matters related to liquor  class . 
 
(3) Notwithstanding the provisions of the preceding paragraph , the Commissioner of the 
National Tax Agency will not designate  the indications  of any of the following items  
as geographical indications:  
(i) Indications  which is the same as or similar to the registered trademark 3 
 concerning  liquor (refers to the registered trademark as provided in Article 2, 
paragraph (5) of the Trademark Ac t (Act No. 127 of 1959 ); the same applies 
hereinafter), and the use of which as geographical indication s has a risk of 
infring ement  on the trademark right for said registered trademark;  
(ii) Indications  which is used in Japan as a gener ic term  for liquor;  
(iii) Indications which is not protected by a WTO member although the geographical 
area of the product is located on a state of the said member ; and 
(iv) In addition to the preceding items , indications  which is recognized  as 
inappropriate for protection.  
 
(4) Cancell ation of designated geographical indication s 
When  the designated geographical indication s fall under any of the following items , 
the Commissioner of the National Tax Agency may cancel the designation:  
(i) When the d esignated geographical indication s are no longer used;  
(ii) When,  on or after the designated day, the indication  method  of geographical 
indication s becomes applicable to the  indication  according to items  (i) to (iii) of the 
preceding paragraph ; 
(iii) When  it becomes clear within three months from  the day of designation that the 
indication  method  of geographical indication s was applicable to any of the  
indications  according to items  (i) to ( iii) of the preceding paragraph  prior to said 
day of designat ion; and  
(iv) In addition to the preceding items , when the  designation  is recognized  as 
inappropriate.  
 
(5) Amendment  to the designated geographical indication s 
The Commissioner of the Nati onal Tax Agency may amend  the product  specifications , 
indication  method , geographical area of the production , and a liquor  category  for the 
designated geographical indication s. 
 
(6) Confirmation of geographical indication s 
Upon protecting the geographical indication s listed in  paragraph  (1), item (iii), (b) , 
the Commissioner of the National Tax Agency may confirm that said geographical 
indication s do not fall under any of the items  of paragraph  (3), through negotiations 
with the member states of the WTO or by referring to  the registered information of 
geographical indication s of the WTO.  
 
(7) Public comments for designation of geographical indications, etc.  
The Commissioner of the National Tax Agency shall make the relevant materials 4 
 available to the public beforehand in order to seek opinions from the public at large 
when making the designatio n of paragraph  (2) or confirmation of the preceding 
paragraph . 
 
(8) Public notice on designation of geographical indication s, etc.  
When the Commissioner of the National Tax Agency makes the designation of 
paragraph  (2), cancellation of paragraph  (4), Amendment  of paragraph  (5), or 
confirmation of paragraph  (6), the Commissioner shall  notify the matter through 
official gazettes . 
 
(9) Protection of geographical indications  
Geographical indications shall not be used with respect to the liquor which has its 
origin at a place other than the origin  of said geographical indication s and the liquor 
which does not satisfy the product  specifications  for said geographical indication s. 
The same applies even where  the true origin of the liquor is indicated or  geographical 
indication s are used in translation  or accompanied by expression  such as “kind ,” 
“type,” “style ,” and “imitation .”, or the like.  
 
(10) Exemptions  
The provisions of the  preceding paragraph do not apply to any of the following:  
(i) When  a person has used the indication  method  of geographical indications for a 
grape wine or distilled liquor  in Japan  in a continuous manner , which has its 
geographical area of the production  in a member state of the WTO other than 
Japan, as a trademark (refers to the trademark as provided in Article 2, 
paragraph (1) of the Trademark Act; the same applies hereinafter) for a grape  
wine or distilled liquor  for at least ten years preceding  April 15, 1994  or in good 
faith preceding that date, and when said person uses said trademark for a grape  
wine or distilled liquor ; 
(ii) With respect to the a registered trademark which is the same as or similar to or 
containing the indication  method  of geographical indications, , when  the 
trademark owner for the registered trademark which  was applied for registration 
before January 1, 1996 , or before the day of the designation according to 
paragraph  (2) (if the indication  method  is amend ed pursuant to the provisions of 
paragraph  (5), said amendment ) or before the day of the confirmation according 
to paragraph  (6), or any other person entitled  to use said registered trademark 
(refers to the use provided in Article 2, paragraph (3) of the Trademark Act) as 
provided in the same  Act, uses said registered trademark for the designated goods 
or designated services (refers to the goods or services which are designated 5 
 pursuant to the provisions of Article 6, paragraph (1) of the same Act)  concerning  
the t rademark registration;  
(iii) With respect to the trademark and other indication  having been used before the 
day of designation according to paragraph (2) (if the indication method of 
geographical indications  is amend ed pursuant to the provisions of paragraph (5), 
said Amendment ) or before the day of confirmation of paragraph (6), when a 
person uses said trademark or other indications  which is notified to the public not 
to be applied  to the provisions of the preceding par agraph  by the Commissioner of 
the National Tax Agency upon making the public announcement under  
paragraph  (8); 
(iv) When a person uses the indication  which is the same as or similar to the  
indication  method  of geographical indication s, as the name of an individual or the 
name of a corporation (except where  such indication  is used in a manner as to  
misleading  the consumer as geographical indication s; the same applies to the 
following item  and item  (vi)); 
(v) When a person uses the indication which is the same as or similar to the 
indication  method  of geographical indication s as the location of a manufactur er or 
of the distributor  concerning  liquor;  
(vi) When  a person uses the indication which is the same as or similar to the 
indication  method of geographical indication s as the origin  of the ingredients of 
liquor;  
(vii) When  a person uses the indication which is the same as or similar to the 
indication  method of geographical indication s for the liquor  whose liquor category 
is different from th at of said geographical indication; and  
(viii)  When  a person uses  the geographical indication s if said geographical 
indication s having been confirmed in paragraph  (6) falls under any of the 
following items and th is matter is notified through official gazettes , 
(a) If the indication  method of geographical indications becomes applicable to any 
of the indications of paragraph  (3), items  (i) to ( iii) on or after the day of 
confirmation, and  
(b) If it becomes clear within three months from  the day of confirmation that the 
indication  method of geographical indications was applicable to any of the  
indications  of paragraph  (3), items  (i) to ( iii) prior to said day of confirmation . 
 
(11) Indications which illustrate geographical indications  
If the geographical indication s listed in paragraph  (1), item (iii), (a) are used 
(limited to the use based on the act listed in item  (ix), (a) of the same paragraph ), the 
use shall be accompanied by the words  “Geographical Indication” or “GI” in any one 6 
 of the places of the indication  method  of geographical indications having been used; 
provided, however, that this does not apply to the geographical indications with 
respect to which two years have not passed since the day of designation according to 
paragraph  (2), or the geographical i ndications with respect to which the 
Commissioner of the National Tax Agency decided that this paragraph  should not 
apply.  
 
(12) The liquor which the geographical indications are not used thereon shall not use the 
words  “Geographical Indication” or “GI .” 
 
Supplementary Provisions  
1. This notice shall apply from (Date); provided, however, that the provisions of 
paragraph  (11) shall apply to the geographical indications to be used on or after 
(Date).  
 
2. With respect to origins  of the grape wine, distilled liquor , or sake which are 
designated by the Commissioner of the National Tax Agency pursuant to  the notice 
on Establishing Origins  of Grape Wine, Distilled Liquor s, or Sake Designated by the 
Commissioner of the National Tax Agency as Stated in  Paragraph (2) of the 
Indication  Standards  Concerning  Geographical Indications  (National Tax Agency 
Notice No. 6, June 1995 ) , the designation according to paragraph  (1), item ( iii), (a) 
shall be considered as made as of the date of application of this notice.  
 
3. The geographical indications having been  confirmed to be  protected by member 
states of the WTO other than Japan through negotiations with the member states of 
the WTO prior to the date of application of this notice shall continue to follow the 
previous cases.