Abstract
In Japan, the importance of protection of indications of origin has been recognized through various international agreements, including TRIPS. In June 2014, the Law on Protection of the Names of Specific Agricultural, Forestry and Fishery Products and Foodstuffs which protects indications that identify a product as originating from a specific place, region, or country, where quality, reputation, or other established characteristic of the product is essentially attributable to the specific place, region, or country was enacted. It is sui generis protection of geographical indications defined in Article 22 of TRIPS. Indications of origin are protected by the said new law and the pre-existing systems such as the Unfair Competition Law, the “Standard for Indications in relation to Geographical Indications of Liquor,” and the Trademark Law.
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Notes
- 1.
Law No. 47 of 1993, as amended.
- 2.
Article 2, paragraph 1, item 13 of UCPL.
- 3.
Law No. 7 of 1953, as amended.
- 4.
Notification No. 4 of the National Tax Administration.
- 5.
Law No. 127 of 1959, as amended.
- 6.
Law No. 84 of 2014.
- 7.
Notification No.19 of the National Tax Agency.
- 8.
- 9.
Article 2, paragraph 2, item (v) of the GI Law.
- 10.
Article 3, paragraph 2, item (iv) of the GI Law.
- 11.
Article 32-2 of the Trademark Law.
- 12.
Article 3, paragraph 2, item (iii) of the GI Law.
- 13.
Article 4 of the Supplementary Provisions of the GI Law.
- 14.
Article 4, paragraph 1, item (xvi) of the Trademark Law.
- 15.
Article 4, paragraph 1, item (xvii) of the Trademark Law.
- 16.
Article 3, paragraph 1 of the GI Law.
- 17.
Article 3, paragraph 2 of the GI Law.
- 18.
Law No. 134 of 1962.
- 19.
Designation of JFTC No.34 of 1973.
- 20.
Notice of the Bureau Chief No. 12 of 1973.
- 21.
Law No. 70 of 2013.
- 22.
Cabinet Office Ordinance No.10 of 2015.
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Itai, N., Sugimoto, K., Tanaka, S. (2017). Japan. In: Kobel, P., Këllezi, P., Kilpatrick, B. (eds) Antitrust in Pharmaceutical Markets & Geographical Rules of Origin. LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition. Springer, Cham. https://doi.org/10.1007/978-3-319-55813-4_24
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DOI: https://doi.org/10.1007/978-3-319-55813-4_24
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