G/TBT/N/JPN/448/Add.1
14 January 2015 
(15-0247)  Page: 1/4
Committee on Technical Barriers to Trade  Original: English
 
  NOTIFICATION  
Addendum 
The following communication, dated 13 January 2015, is being circulated at the request of the 
delegation of Japan.  
 
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 Draft of Cabinet Order and Ministerial Ordinance to  implement the Act for Protection of Designated 
Agricultural, Forestry and Fishery Products and Foodstuffs 
Background: The Government of Japan notified th e outline of Act for Protection of Designated 
Agricultural, Forestry and Fishery Products and Foodstuffs (hereinafter referred to as "the Act") in document G/TBT/N/JPN/448 (dated 16 December 2013). The purpose of the Act is, through 
protecting the use of names of designated agricultural, forestry and fishery products and 
foodstuffs, to secure the interests of producers of  those products, and thereby to contribute to the 
sound development of the agricultural, forestry and fishery industries as well as to ensure the 
interests of consumers. The Act was published on 25 June 2014. The main points of the Act are as 
follows: 
1. The Government certifies characteristics of agricultural, forestry and fishery products and 
foodstuffs and register their names as Geographical Indications (GIs). 
Note: The Act covers agricultural, forestry and fishery products and foodstuffs, which means the 
products which fall under any of the following items, with the exception of alcoholic beverages, drugs, and cosmetics: 
(1) Agricultural, forestry and fishery produc ts (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 
(4) The products manufactured or processed us ing agricultural, forestry and fishery 
products as materials or ingredients (excluding those served for human 
consumption) designated by the Cabinet Order 
2. The Government prevents freeriding and imitations  by injunction against illicit use of registered 
GIs. 
3. Any producer located in the designated region may use a GI (as long as the products meet the 
specifications). 
In addition to G/TBT/N/JPN/448, the Government of Japan hereby notifies the draft of Cabinet 
Order and Ministerial Ordinance which will specify details to implement the Act. The Contents will 
be as follows and enter into force on 1 June 2015: 
A. DRAFT CABINET ORDER The Cabinet Order will specify the individual products as described in 1. (3) and (4) above. G/TBT/N/JPN/448/Add.1 
 
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  1. "Agricultural, forestry and fishery products (excluding those served for human consumption)" 
designated by the Cabinet Order as the products which are covered by the Act are as follows: 
(1) Flowers and ornamental plants 
(2) Industrial crops (excluding those served for human consumption) 
(3) Raw silk 
(4) Timber (5) Bamboo material 
(6) Charcoal 
(7) Japanese lacquer (8) Ornamental fish (9) Pearl 
2. "The products manufactured or processed using agricultural, forestry and fishery products as 
materials or ingredients (excluding those served for human consumption)" designated by the Cabinet Order as the products which are covered by the Act are as follows: 
(1) Tatami facing 
(2) Essential oil (3) Feed 
B.
 DRAFT MINISTERIAL ORDINANCE 
1. For the purpose of the Act, "Group of produc ers" means the group which falls under any of the 
following: 
(1) The group is comprised of producers of agricultural, forestry and fishery products and 
foodstuffs (Such group shall have provisions on freedom to participate in such group in law or by law. If the group is not a juridical person, its bylaw shall have provisions on 
representative person or administrator); 
(2) If the group is a foreign entity, it shall comply with the injunction by Minister of 
Agriculture, Forestry and Fisheries (hereinafter referred to as "Minister"). 
2. To "use similar names for the agricultural, forestry and fishery products and foodstuffs of the 
same kinds as registered GIs", which is prohibited by the Act, shall include the following cases: 
(1) Where the true origin of the goods is indicated or registered GIs are accompanied by 
expressions such as "kind", "type", "style", "imitation" or the like; 
(2) Where registered GIs are used in translation. 
3. Restriction to use registered GI name based upon the Act shall not be applied in the following 
cases: 
(1) Where a person having been using the name identical with or similar to a GI on products 
manufactured or processed using agricultur al, forestry and fishery products and 
foodstuffs or their packages since before the date of registration of the said GI, without 
wrongful purpose, uses such name; 
(2) Where a person, without wrongful purpose, uses one's own name, famous pseudonym, 
professional name, pen name or famous abbreviation thereof; 
(3) Where a registered GI name contains the name of a product which is considered to be 
generic and a person uses such generic part of the said GI name. 
4. Application for registration shall be written in Japanese. However, the name and address of 
group of producers, the name of representative, an d the name of agricultural, forestry and fishery 
products and foodstuffs may be acceptable even if they are written in foreign languages. Also, if 
groups of producers intend to submit a power of attorney and other documents written in original 
languages, they must attach the translated version thereof. 
5. Standards for the method of producti on process management are as follows: 
(1) A group of producers shall amend the product specification when they had the 
registration of amendment to their GI; G/TBT/N/JPN/448/Add.1 
 
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  (2) A group of producers shall check each member producer is compliance with the product 
specification, and if the group finds a producer who fails to conform to the product specification, they shall provide appropriate guidance for him/her; 
(3) A group of producers shall check whether each member producer uses GIs and GI mark 
pursuant to the Act, and if the group finds a producer who does not comply with the 
Act, they shall provide appropriate guidance for him/her; 
(4) A group of producers shall make performance reports on production process 
management, and they shall submit those reports and related documents to Minister at 
least once a year; 
(5) A group of producers shall preserve the pe rformance reports on production process 
management and related documents for five years. 
6. "The name of agricultural, forestry and fisher y products and foodstuffs that does not meet the 
requirements of designated agricultural, forestry and fishery products and foodstuffs" includes the name which falls under any of the following: 
(1) The name that is identical with a name of a plant variety or an animal breed and is likely 
to mislead the consumers as to the origin of the product; 
(2) The name that is identical or similar to another person's indication of goods or business 
that is well-known among consumers, and may create confusion with such goods or business; 
(3) The name that is identical or similar to another person's famous indication of goods or 
business. 
This addendum concerns a:  
[]Modification of final date for comments 
[]Notification of adoption, publication or entry into force of regulation 
[]Modification of content and/or scope of previously notified draft regulation []Withdrawal of proposed regulation 
[]Change in proposed date of adoption, publication or date of entry into force 
[X]Other: Notification of draft implementing re gulations newly added to previous notified 
draft regulation 
Comment period: (If the addendum extends the scope of the previously notified 
measure in terms of products and/or potent ially affected Members, a new deadline for 
receipt of comments should be provided, norm ally of at least 60 calendar days. Under 
other circumstances, such as extension of originally announced final date for 
comments, the comment period prov ided in the addendum may vary.)  
[X] Sixty days from the date of circulation of the addendum to the notification and/or 
(dd/mm/yy) :  
Agency or authority designated to handle co mments: [] National Notification Authority, 
[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  G/TBT/N/JPN/448/Add.1 
 
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  Text available from: [] National Notificati on Authority, [X] National Enquiry Point. 
Address, fax number and e-mail addre ss (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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