74. The representative of Japan said that, as a co-sponsor of the joint proposal, his delegation would like to give a preliminary view of how Japan would implement paragraph 5 of the joint proposal on the procedures to be followed by participating Members and, more specifically, the provision to consult the database. He emphasized that this was just one possible option for the implementation without prejudice to the actual method of implementation in the future.
75. With respect to the examination of trademark applications, notified and registered data on GIs for wines and spirits under the established system would be introduced into the database for trademark examiners, who would search those notified and registered GIs for wine and spirits when examining trademark applications. In other words, examiners would consult the database for all trademark applications. If relevant GIs were found as a result of the search, examiners would consider whether the trademark application should be rejected or not, based on the GIs found through their searches. This meant that trademark examiners would necessarily take into account the GIs found during the search in the examination process. Therefore, the act of "taking into account" inevitably followed the act of consultation.
76. One possible option for implementing the joint proposal was that examination manuals or guidelines could simply state that examiners should consult the database and take into account the search results, without further stipulation in the manuals or guidelines. Regarding trademark examination, a sentence such as "the result of search is taken into consideration" could be added to the standard. Apart from trademark examination or registration, the use of GIs for wines and spirits was being regulated by standards placed under the jurisdiction of the Japanese national tax agency. These standards could also simply be revised to provide that the database should be consulted. His delegation hoped that this explanation on possible options for the implementation would assist Members to understand how the joint proposal could facilitate the protection of geographical indications for wines and spirits.
