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Atsumi & Sakai
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Agricultural, Forestry and Fisheries Law Practice Team Newsletter
Atsumi & Sakai's Agricultural, Forestry and Fisheries Law Practice Team (AFFL Team) consists of four lawyers and one advisor, each of whom has
different strengths and provides a wide variety of high quality legal services in the areas of agriculture, forestry, and fisheries (”AFF”) ranging from support
for overseas transactions and overseas expansion (or closure), drafting and reviewing agreements for complex purchase and sale transactions,licensing and other intellectual property rights, communications with authorities (such as the Fair Trade Commission), and dispute resolution.

Geographical Indication Protection System (Part 1 of 2)| Page 1/4 |March 2020 No.AFFL_004

Introduction
Four years have passed since the Geographical Indication Protection
System ( “GI System” ) was adopted pursuant to the Act on Protectionof the Names of Specific Agricultural, Forestry and Fishery Products
and Foodstuffs (Act No. 84 of June 25, 2014). During this four-year
period, following the development of domestic laws in conjunction
with the conclusion of the TPP [1] and the effectuation of the Japan-EUEPA, the GI system has moved forward from the time of its introductionand entered a new phase. In this newsletter, we will provide an overview
of the GI System, the amendments to the GI Act, and the mutual
protections under the Japan-EU EPA.
Please note that, due to space constraints, we are dividing this article
into two parts.

The Geographical Indication System
1. What is “geographical indication” ?
A geographical indication is a name of a product — such as an agricultural,
forestry or fishery product, or a food — which can identify the placeof origin of such product, and that place of origin is linked to theestablished characteristics of the product, such as quality and reputation. [2]For example, when one hears “Yubari Melon” [3] it brings to mind
the characteristics of the fruit being produced in Yubari, Hokkaido,
and the flesh of the melon, which is orange and sweet (having a highsugar content), and a characteristic rich aroma. In this way, when
the origin and characteristics of a product can be identified fromthe name of the product, the name of the product associated withthe origin is referred to as a "geographical indication".
A geographically indicated product is differentiated from other products,
and has a certain brand value, so it is essential that they be protectedfrom counterfeit products. Under the WTO’ s TRIPS Agreement [4],geographical indications are designated as an intellectual property
right, and more than 100 countries worldwide protect geographicalindications. [5]Japan, too, has a large number of products derived from various
regional characteristics, and there has been high demand for themaintenance and improvement of brand value. In addition, aseconomic partnerships with foreign countries have progressed,
there has been growing demand for the protection of local products

from counterfeits imported into Japan from overseas. In response,
the GI system was introduced in our country in 2015 to protect GIs
as intellectual property rights.

2. Overview of the GI system [6](1) Registration
A GI registration for a product is made by a regional producers'
association based on the product's name, origin, characteristics,
production methods and quality standards, etc.
GI registration is possible for (1) agricultural, forestry and fisheryfood products, (2) food products and beverages, (3) ornamental
plants, industrial crops and other non-food agricultural, forestry andfishery products, and (4) animal feed, essential oils and othernon-consumable processed goods. Alcoholic beverages, pharmaceuticals,quasi-pharmaceuticals, cosmetics and regenerative medical products
are excluded.
--[1] Act on Development of Relevant Acts Accompanying the Conclusionof the Trans-Pacific Partnership Agreement (the title was revised by ActNo. 108 of 2016 and Act No. 70 of 2018.)[2] Ministry of Agriculture, Forestry, and Fisheries, Food Industry Affairs Bureau,“Regarding the Geographical Indications Act: Act on Protection of the Namesof Specific Agricultural, Forestry and Fishery Products and Foodstuffs,”(https://www.maff.go.jp/e/policies/intel/gi_act/) (Revised edition,
December 10, 2019) p. 1
[3] Information Website on Japan’ s Geographical Indications (https://gi-act.maff.go.jp/en/register/entry/4.html) Yubari Melon (Registration
Number: 4)[4] Its official name is "Agreement on Trade-Related Aspects of Intellectual
Property Rights" (the Agreement on Trade-Related Aspects of Intellectual
Property Rights in Annex 1C to the Marrakesh Agreement Establishing theWorld Trade Organization (Convention No. 15 of 1994)). Geographicalindications are provided in Section 3 of the Agreement and are defined as"indications which identify a product as originating in the territory of a Member,or a region or locality in that territory, where a given quality, reputation orother characteristic of the product is essentially attributable to its geographicalorigin." (Article 22 (1) of the TRIPS Agreement).
[5] Ministry of Agriculture, Forestry, and Fisheries, Food Industry Affairs Bureau,referred to in footnote 2 above, page 5[6] Ministry of Agriculture, Forestry, and Fisheries, Food Industry Affairs
Bureau, referred to in footnote 2 above, page 2

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The application must be made by a group of producers, meaninga single producer cannot apply for registration. The applying entity
does not need to have a legal personality, but it must be a groupand provide in its articles of incorporation, bylaws or a similar
document to allow free admission of new members.
With the registration, the product name is added to the register ofspecific agricultural, forestry and fishery products and foodstuffs
and eligible to receive protection under the Geographical Indication
Act as a GI. [7](4) GI is a shared regional asset
As was stated in (1) above, the registering group of producers mustallow free admission of new members, meaning any producers in theregion will gain access to the GI by joining the group that registered
the GI. On the other hand, the registration of production methods andquality standards in addition to the name ensures that the products areof uniform quality. This system allows GIs to be protected as sharedregional assets.

(2) Geographical indication and use of the GI Mark

3. Current GI registrations

Products that meet the registration criteria may use the geographicalindication and the GI Mark (a registered symbol). The GI Mark certifies
that a product is a true GI product registered under the GI Act anddifferentiates it from other similar items. [8]As of December 17, 2019, 88 products from 39 prefectures and one
Italian product (Prosciutto di Parma) for a total of 89 products havebeen registered as GIs. [9]4. Effect of registration [10]The large red disk of the GI Mark symbolizes the rising
sun above Mt. Fuji and a water surface. The design expresses"Japanese style" with red and gold, the color of the risingsun (Hinomaru) of the Japanese national flag and a formal
and traditional Japanese color, as the main colors.

(1) Persons who transfer or deliver GI registered products and persons
who display or import or export them for the purpose of transfer
or delivery may use the GI on the registered product and its
packaging, container, advertisements, price list, and transactiondocuments (including such information provided in an electronicformat).
(2) Meanwhile, use of the GI and similar indications by persons otherthan the registering party is restricted with the following exceptions:(Adapted from Ministry of Agriculture, Forestry and Fisheries
website https://www.maff.go.jp/j/shokusan/gi_act/gi_mark/)(i) Use of geographical indication on processed goods made using
GI registered products; For example, indicating juice made with
Yubari Melon as "Yubari Melon Juice."(ii) Use of a registered trademark for which the application wassubmitted prior to the day of the GI registration (excluding for
fraudulent purposes); and(iii) Those who have used a name identical to a GI product without
fraudulent purpose from before the day of the GI registration
may, in principle, continue using the name for the same productfor a period of seven years from the day of registration. If theorigin of such earlier product is identical to a domestic GI product,
the same name can be used even after the period of seven years
has passed provided that an appropriate indication to avoid
confusion with the GI product is used.

(3) Illicit use of GI
The government supervises illicit use of GI and the GI Mark, whichmeans that the producers are able to protect the brand value of theirproducts without incurring legal expenses related to filing suit or othermeasures. For example, if a GI is used for products that do not matchthe registration, by a person who is not a constituent member of theassociation that made the registration, or by a person who is a constituent
member of the association but does not meet the registered criteria,
the Minister of Agriculture, Forestry and Fisheries (the “MAFF” ) canissue an injunction to the party making illicit use of the GI to delete or
remove such indications. Failure to comply with such order is subject
to imprisonment with work for no more than five years or a fine of no
more than JPY 5 million in the case of a natural person or a fine of no
more than JPY 300 million in the case of a juridical person. Our teamprovides assistance to domestic and foreign organizations for appealing
to the MAFF for the issuance of such injunctions.

(Created by editing images from Ministry of Agriculture,
Forestry and Fisheries website https://gi-act.maff.go.jp/en/register/)--[7] A registration and license tax of JPY 90,000 is required for registration.
However, unlike trademarks or patents, no renewal procedures arenecessary after a given period of time.
[8] http://www.maff.go.jp/j/shokusan/gi_act/gi_mark/[9] Ministry of Agriculture, Forestry, and Fisheries, Food Industry Affairs
Bureau, referred to in footnote 2 above, page 4[10] Ministry of Agriculture, Forestry, and Fisheries, Food Industry Affairs
Bureau, as referred to in footnote 2, page 12

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5. Regional Collective Trademarks as a parallel system
The Regional Collective Trademarks system allows a group from a specific region to protect the brand of agricultural, forestry and fishery foodproducts, etc. by registering the origin and product name, etc. as a trademark.
The system is similar to the GI system in that it shields regional brands by protecting the product and its name, but differs in that it does not
require the registration of production methods or quality standards, although the regional groups have the right to freely establish such standards.
Another difference is that to protect the brand from violations, the holder of the trademark rights has to exercise its right to file a claim fordamage compensation, unlike with a GI.
As the need for brand protection differs between products, it is recommended to consult with an attorney or other expert when deciding
which registration, if not both, to apply for.
(To be continued in No. AFFL_005)

Author(s) / Contacts
Keio University (LL.B., 2004)
University of Pennsylvania (LL.M., 2015)
Atsumi & Sakai (2007-)
Seconded to a seed and pesticide manufacturer (2016-2017)
Seconded to Cool Japan Fund Inc. (2017-2018)
E-mail: yasuhiro.usui@aplaw.jp

Yasuhiro Usui
Partner
Admitted Japan (2007)

Kyoto University (LL.B., 1994)
Nishimura & Asahi (2007-2017)
Atsumi & Sakai (2017-)
E-mail: hisashi.miyatsuka@aplaw.jp

Hisashi Miyatsuka
Partner
Admitted Japan (1996)

Go Fujimoto
Partner
Admitted Japan (2003),New York (2011),
and California (2011, inactive)

Fumiko Oikawa[First Author]

Partner
Admitted Japan (2003) and New York (2017)

The University of Tokyo (LL.B., 1995)
University of Pennsylvania Law School (LL.M., 2010)
Sheng Wo Law Firm (2012-2013)
Dacheng Law Offices, Shanghai Office (2013-2014)
Nishimura & Asahi (2014-2017)
Atsumi & Sakai (2017-）
E-mail: go.fujimoto@aplaw.jp
Gakushuin University (LL.B., 1997; LL.M., 2000)
University of Michigan Law School (LL.M., 2013)
Atsumi & Sakai (2003-)
Mayer Brown LLP (New York) (2013-2014)
E-mail: fumiko.oikawa@aplaw.jp

General Inquiries:
Yasuhiro Usui (Agricultural, Forestry and Fisheries Practice Team, Atsumi & Sakai)
Tel: 03-5501-2111 | E-mail: cpg_affl@aplaw.jp

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This memorandum was prepared by Japanese lawyers (Bengoshi) at Atsumi & Sakai and is provided as a general guide only; it does not constitute, and should not berelied on as constituting legal advice.
Please see notice 2. below regarding any subsequent Japanese law advice.

1. About Atsumi & Sakai
Atsumi & Sakai is a group of Atsumi & Sakai Legal Professional Corporation, a corporation organized under the Attorney Act of Japan, which forms foreign law joint
ventures under the Act on Special Measures Concerning the Handling of Legal Services by Foreign Lawyers with certain registered foreign lawyers at our firm, andlawyers of a Japanese Civil Code partnership (represented by Yutaka Sakai, a lawyer admitted in Japan). We also form a foreign law joint venture with Markus
Janssen, a foreign lawyer registered in Japan to advise on the law of the Federal Republic of Germany, heading Janssen Foreign Law Office. In addition to lawyersadmitted in Japan (including a Japanese lawyer also admitted in England and Wales), our firm includes foreign lawyers registered in Japan to advise on the laws of theUS States of New York and California, the People’ s Republic of China, India, and the State of Queensland, Australia. Foreign lawyers registered in Japan to advise
on state laws are also qualified to advise on federal laws of their respective countries.
Atsumi & Sakai Legal Professional Corporation also wholly-owns a subsidiary, Atsumi & Sakai Europe Limited (a company incorporated in England and Wales (No:09389892); sole director Naoki Kanehisa, a lawyer admitted in Japan), as its London Office. It also has an affiliate office in Frankfurt, Atsumi Sakai Janssen Rechtsanwaltsgesellschaft mbH, a German legal professional corporation (local managing director: Frank Becker, a lawyer admitted in the Federal Republic of Germany).
2. Legal Advice
Unless stated otherwise by A&S, any legal advice given by A&S is given under the supervision and authority of (i) in respect of Japanese law or any laws other thanforeign laws on which our foreign lawyers are registered in Japan to advise, a specified lawyer admitted in Japan at A&S, or (ii) in respect of any foreign law on which
our foreign lawyer is registered in Japan to advise, such registered foreign lawyer.

© Atsumi & Sakai 2020