European Union
Japan
Geographical Indications
10. Pursuant to Article 23.1 of the TRIPS Agreement, which are the legal means available in Japanese legislation to prevent the misuse of a geographical indication identifying a wine or a spirit, where: (a)the true origin of the wine or the spirit is indicated? (b)the geographical indication is used in translation or accompanied by expressions such as "kind", "type", "style", "imitation" or the like?
The legal means to prevent the misuse of a geographical indication identifying a wine or spirit is prescribed in paragraph 2 of the "Standard for Indications in Relation to Geographical Indications" (Notification No. 4 of the National Tax Administration, 28 December 1994). This Notification was issued in accordance with Article 86-6(1) of the Law Concerning Liquor Business Associations and Measures for Securing Revenue from Liquor Tax. Paragraph 2 of the Notification is as follows: "Protection of Geographical Indications 2. A geographical indication that indicates the place of origin designated by the commissioner of the National Tax Administration among places of origin of wines or spirits made in Japan, or a geographical indication that indicates the place of origin of wines or spirits made in a Member of the World Trade Organization and use of which, with respect to wines or spirits originating in a region other than the place of origin, is prohibited in that Member shall not be used, with respect to wines and spirits originating in a region other than the place of origin. The above stipulations shall be applied even where the true origin of the wines or spirits is indicated or the geographical indication is used in translation or accompanied by expressions such as "kind", "type", "style", "imitation" or the like."