Updates on Regional Collective Trademarks and GI in Japan 2015 AIPLA Seminar 27 – 28Jan, 2015 Orlando, Florida NISHIMOTO Taizo

Japan’s populatin is decreasing. We are facing 7 consecutive years decline. Last year we lost about 260,000. That is why,to boost up regional economy is crucial concern to both regional and central government of Japan. 2

3 Regional collective trademark system EX) Trademarks containing the names of regions

Under the former trademark system in Japan, the exclusive use of these regional/geographical names by only certain business operator was considered to be inappropriate because other business operators might want to use these names as well in their business. 4

As a result,regional brands were not able to be registered as trademarks in the past, except for those that were well-known all over the country. 5

JPO introduced the “Regional Collective Trademark System” in 2006 as a means of more promptly and properly protecting regional brands, establishing trademark rights for regional operators. 6

In the regional trademark system, trademarks containing the names of regions,although they are not famous nationwide,can be registered as regional collective trademarks under the following situations: The specific goods or services have a very close relationship with the regions They have become well-known in a specific geographical area due to usage 7 The specific goods or services have a very close relationship with the regions They have become well-known in a specific geographical area due to usage

As of end of last year (2014), About 1,100 applications have been filed to JPO About 580 have already been registered as regional collective trademark 8

Among them only 3 is from abroad Canada Italy, China 9

GI Asian countries 10

Issues of Regional brands and Trademark According to the MAFF (Ministry of Agriculture, Forestry and Fisheries) Efforts to secure the quality of products is merely voluntary under the trademark system,and cannot be made institutionally liable for quality. 11 Brand value has not increased due to no unified quality of standard

Trademark rights are private rights and infringements must be dealt with independently. There are limitations to the actions that can be taken by agricultural,forestry and fishery producers. ⇓ 12 Free ride on brands Need to establish a new system to overcome the issues

Outline of GI Applicant(Groups of producers) ⇒ Application ⇒ MAFF ⇒ Screening ⇒ Registration Attached document create product specification(specific quality standards it should meet)through discussions with the community create the rule concerning production process management(guidelines for quality control of the groups) 13

Content of specification Name of product(GI) Region of production Method of production Distinct characteristic of product (shape taste etc.) 14

MAAF Monitoring the group’s ability in quality control Injunctions against illicit use of GIs 15

2014 June GI Act was promulgated Sept. Oct. Regional orientation meeting 2015 Jan.Feb. Public comment process on the draft implementing regulations Apr.May Regional orientation meeting June GI Act will be enforced 16

Thank you so much!!

18 NISHIMOTO Taizo