European Union
Japan
Trademarks
[Follow-up question from the EC] Does the concept of "false indication with respect to origin" in Article 71(1) of the Japanese Customs Law include false indication of the identity of the producer, manufacturer or merchant? If not, on what legal basis does Japanese Law provide protection against the false indication of the producer, manufacturer or merchant (Article 10(1) of the Paris Convention in conjunction with Article 2.1 of the TRIPS Agreement)?
Article 71(1) of the Japanese Customs Laws prescribes the concept of "false indication" or "misleading indication" with respect to only "origin". The Japanese Unfair Competition Prevention Law provides that the act of importing goods with an indication which is likely to mislead the public with respect to the place of origin, quality, contents, etc., is one of the types of unfair competition (Article 2(1), sub-paragraph (x)). The false indication of the producer, manufacturer or merchant comes under the act referred to in this sub-paragraph. A person whose business interests are infringed or are likely to be infringed by unfair competition, is entitled to request an injunction preventing or suspending such unfair competition (see Article 3(1)).