Information notice — public consultation — Geographical indications proposed by Japan to be protected in the EU
Date: 2017-12-21
Institutions: European Commission
Subjects: Japan, aromatic plant, citrus fruit, consumer information, designation of origin, fishery resources, free-trade agreement, processed food product, public consultation, vegetable








C_2017440EN.01003701.xml










21.12.2017   


EN


Official Journal of the European Union


C 440/37





INFORMATION NOTICE — PUBLIC CONSULTATION
Geographical indications proposed by Japan to be protected in the EU
(2017/C 440/14)
Within the framework of 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 future 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 publication of this notice. 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)







Geographical indications proposed by Japan to be protected in the EU (14)



Product category



‘

’ (Hacho Miso)

Other products of Annex I to the Treaty (spices etc.) — seasoning



‘

’ (Okuhida Yamanomura Kanboshi Daikon)

Fruits, vegetables and cereals, fresh or processed — dried radish



‘

’ (Kamisho Satoimo)

Fruits, vegetables and cereals, fresh or processed — taro



‘

’ (Iwatenodamura Araumi Hotate)

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



‘

’ (Sakurajima Komikan)

Fruits, vegetables and cereals, fresh or processed — mandarin



‘

’ (Wakasaobama Kodai Sasazuke)

Fresh fish, molluscs and crustaceans and products derived therefrom — preserved sea bream



‘

’ (Ryukyu Moromisu)

Other products of Annex I to the Treaty (spices etc.) — rice malt vinegar



‘

’ (Omi Gyu)/‘Omi Beef’

Fresh Meat (and offal) — beef



‘

’ (Miyazaki Gyu)/‘Miyazaki Wagyu’/‘Miyazaki Beef’

Fresh Meat (and offal) — beef



‘

’ (Kagoshima Kuroushi)/‘Kagoshima Wagyu’

Fresh Meat (and offals) — beef



‘

’ (Nyuzen Jumbo Suika)/‘Nyuzen Jumbo Watermelon’

Fruits, vegetables and cereals, fresh or processed — watermelon



‘

’ (Kagawa Obara Beniwase Mikan)

Fruits, vegetables and cereals, fresh or processed — mandarin



‘

’ (Hetsuka Daidai)

Fruits, vegetables and cereals, fresh or processed — citrus fruits



‘

’ (Dojo Hachiya Gaki)

Fruits, vegetables and cereals, fresh or processed — dried Japanese persimmon



‘

’ (Ogawarako-san Yamato Shijimi)/‘Lake Ogawara Brackish water clam’

Fresh fish, molluscs and crustaceans and products derived therefrom — freshwater clam



‘

’ (Miyagi Salmon)/‘Miyagi Salmon’

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






(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 of the Council, and of the Commission 2002/309/EC, 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 — Protocol 6 (OJ L 169, 30.6.2008, p. 10).

(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, p. 3).

(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 the negotiations, registered in Japan.

(14)  Transcriptions between brackets are given only for information purposes.