Information Notice — Public Consultation — Geographical indications from Japan
Date: 2017-07-27
Institutions: European Commission
Subjects: Japan, alcoholic beverage, beef, consumer information, designation of origin, free-trade agreement, instant product, medical plant, mollusc, public consultation








C_2017242EN.01002001.xml










27.7.2017   


EN


Official Journal of the European Union


C 242/20





INFORMATION NOTICE — PUBLIC CONSULTATION
Geographical indications from Japan
(2017/C 242/10)
Within the on-going negotiations with Japan for a Free Trade Agreement (hereafter ‘the Agreement’) including a chapter on Geographical Indications, the Japanese authorities have presented, for protection under the Agreement, the attached list of Geographical Indications. The European Commission is currently considering whether these Geographical Indications shall be protected under the Agreement as Geographical Indications within the meaning of Article 22(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights.
The Commission invites any Member State or third country or any natural or legal person having a legitimate interest, resident or established in a Member State or in a third country, to submit oppositions to such protection by lodging a duly substantiated statement.
Statements of opposition must reach the Commission within two months of the date of this publication. Statements of opposition should be sent to the following email address: AGRI-A4@ec.europa.eu
Statements of opposition shall be examined only if they are received within the time-limit set out above and if they show that the protection of the name proposed would:






(a)


conflict with the name of a plant variety or an animal breed and as a result is likely to mislead the consumer as to the true origin of the product;










(b)


be wholly or partially homonymous with that of a name already protected in the Union under Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), or contained in the agreements the Union has concluded with the following countries:






—


SADC EPA States (comprising Botswana, Lesotho, Mozambique, Namibia, Swaziland and South Africa) (2)











—


Switzerland (3)











—


Korea (4)











—


Central America (5)











—


Colombia, Peru and Ecuador (6)











—


Montenegro (7)











—


Bosnia and Herzegovina (8)











—


Serbia (9)











—


Moldova (10)











—


Ukraine (11)











—


Georgia (12)















(c)


in the light of a trade mark’s reputation and renown and the length of time it has been used, be liable to mislead the consumer as to the true identity of the product;










(d)


jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least five years preceding the date of the publication of this notice.










(e)


or if they can give details from which it can be concluded that the name for which protection is considered is generic.




The criteria referred to above shall be evaluated in relation to the territory of the Union, which in the case of intellectual property rights refers only to the territory or territories where the said rights are protected. The possible protection of these names in the European Union is subject to the successful conclusion of these negotiations and subsequent legal act.

List of Geographical Indications
 (13)








Protected name in Japan


Transcription (for information purposes only)


Product category and description



‘

’/‘Jusankosan Yamato Shijimi’

Jusankosan Yamato Shijimi


Fresh fish, crustaceans, molluscs and products derived therefrom — shellfish



‘

’/‘Tsurajima Gobou’

Tsurajima Gobou


Fruit, vegetables and cereals, fresh or processed — burdock



‘

’

Yamagata


Other products of Annex I of the Treaty (spices etc.) – other fermented beverages — seishu (sake)



‘

’/‘Maesawa Beef’

Maesawa Gyu


Fresh meat (and offal) – beef



‘

’/‘Yonezawagyu’

Yonezawa Gyu


Fresh meat (and offal) – beef



‘

’/‘Tokusan Matsusaka Ushi’

Tokusan Matsusaka Ushi


Fresh meat (and offal) – beef



‘

’/‘Nishio Matcha’

Nishio no Matcha


Other products of Annex I of the Treaty (spices etc.) – green powdered tea






(1)  OJ L 343, 14.12.2012, p. 1.

(2)  Council Decision (EU) 2016/1623 of 1 June 2016 on the signing, on behalf of the European Union and provisional application of the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (OJ L 250, 16.9.2016, p. 1).

(3)  Decision 2002/309/EC, Euratom of the Council and of the Commission as regards the Agreement on Scientific and Technological Cooperation of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (OJ L 114, 30.4.2002, p. 1) and in particular the Agreement between the European Community and the Swiss Federation on trade in agricultural products – Annex 7.

(4)  Council Decision 2011/265/EU of 16 September 2010 on the signing, on behalf of the European Union, and provisional application of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (OJ L 127, 14.5.2011, p. 1).

(5)  Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (OJ L 346, 15.12.2012, p. 3).

(6)  Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (OJ L 354, 21.12.2012, p. 3) and Protocol of Accession to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of Ecuador (OJ L 356, 24.12.2016, p. 3).

(7)  Council Decision 2007/855/EC of 15 October 2007 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Montenegro, of the other part (OJ L 345, 28.12.2007, p. 1).

(8)  Council Decision 2008/474/EC of 16 June 2008 on the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part (OJ L 169, 30.6.2008, p. 10. – Protocol 6).

(9)  Council Decision 2010/36/EC of 29 April 2008 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Serbia, of the other part (OJ L 28, 30.1.2010, p. 1).

(10)  Council Decision 2013/7/EU of 3 December 2012 on the conclusion of the Agreement between the European Union and the Republic of Moldova on the protection of geographical indications of agricultural products and foodstuffs (OJ L 10, 15.1.2013, p. 1).

(11)  Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (OJ L 161, 29.5.2014).

(12)  Council Decision 2012/164/EU of 14 February 2012 on the conclusion of the Agreement between the European Union and Georgia on the protection of geographical indications of agricultural products and foodstuffs (OJ L 93, 30.3.2012, p. 1).

(13)  List provided by the Japanese authorities in the framework of negotiations, registered in Japan.