Union européenne
Indications géographiques
7. Does Japanese law provide the legal means for interested parties to prevent, in respect of geographical indications, any use which constitutes a false allegation of such a nature as to discredit the goods concerned, even in the absence of any injury being caused to the business reputation of such parties (Article 22.2(b) of the TRIPS Agreement)?
Article 2(1)(x) of the Japanese Unfair Competition Prevention Law provides that "the use of an indication on goods, which is likely to mislead the public with respect to the place of origin, etc." is one of the types of unfair competition. The use of geographical indications on goods which constitute a false allegation comes under unfair competition referred to in this Article regardless of injury to the business reputation of interested parties. 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). Furthermore, a person who infringes on the business interests of another person through such unfair competition, shall be liable to compensate damages which result therefrom (see Article 4). This law also provides that a person who made such unfair competition shall be sentenced to imprisonment or fined (see Articles 13 and 14).