JAPAN

COUNTRY : JAPAN

CAPITAL : TOKYO

LANGUAGE : JAPANESE

 

MEMBER : PARIS CONVENTION, WTO-TRIPS, WIPO, MADRID PROTOCOL, BERNE CONVENTION, TRADEMARK LAW TREATIES

Japanese Intellectual Property Office is known as the JPO- Japnese Patent Office.

The IP affairs in Japan are looked after by the Japan Patent Office (JPO).


  • LAW PROTECTION GEOGRAPHICAL INDICATION JAPAN

    • The term GI is not used in Japanese Laws.

      Instead, the corresponding term “Geographical Origin” is used.

      The term ‘Origin’ includes the following:

      • Names of countries
      • Famous Geographical names such as:

      (a) Names of Administrative units

      (b) Former names of countries

      (c) Geographical names used in foreign countries

      Following are the laws protecting Geographical Indications in Japan:

      1. Trademark Laws
      2. Unfair Competition Prevention Act
      3. Anti – Trust Law
      4. Administrative control provisions
  • ROLE PLAYED BY GEOGRAPHICAL INDICATION JAPAN:
      • GI is a source indicator informing consumers about a product’s origin from a certain place.
      • GI confirms certain special characteristics  inherent to the product.  
  • PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION IN JAPAN
  • KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE JAPAN

    • Kinds of GI not protectable:  Geographical Indications are not protectable if:

      • they are immoral or against public order;
      • GIs likely to mislead the public with respect to the place of origin of the goods;
      • Trademarks containing or consisting of GIs likely to cause confusion as to the quality of the goods not originating from the territory indicated;
      • They are confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin;
      • GIs that indicate the place of origin of use of the wines & spirits originating in a region other than the place of origin
  • REQUISITES TO BE GEOGRAPHICAL INDICATION JAPAN
  • WHO CAN FILE GEOGRAPHICAL INDICATION JAPAN

    • Applications for registration are to be filed with the JPO Applications for registration of GIs can be filed by:

      1. Producers
      2. Traders
      3. Association of such producers and traders
  • EXAMINATION OF GEOGRAPHICAL INDICATION JAPAN

    • Objections to applications may be filed by trademark owners or by applicants whose trademark applications are pending registration.

  • PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION JAPAN

    • If there is no opposition to the application, or the opposition is unsuccessful, the applicant’s GI is registered.

  • USAGE OF GEOGRAPHICAL INDICATION JAPAN

    • GI is open to usage by all producers or traders whose products:

      • Originate from that place
      • Share typical characteristics
  • Cost of Registration of Trademarks
Geographical News