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According to OECD knowledge, Japan ranks seventh by way of international locations most affected by counterfeit exercise, with some JPY74.1bn (US$492.7mn) of this attributable to counterfeit meals merchandise.
“Processed food products are a particularly important export sector for Japan as it makes up about JPY771.1bn (US$7.15bn) in export value and Japanese companies have a 2.2% global market share of this segment,” the Japan Patent Office mentioned by way of a proper report.
“Other major segments are alcoholic drinks (JPY432.3bn/US$4bn) and soft drinks (JPY217.9bn/US$2.02bn) where Japanese companies hold 5.2% and 2.6% of the respective global market shares.
“These three categories have also been found to be amongst the top most-counterfeited export products, costing us well over JPY136bn (US$904mn) in losses as of 2021.
“Surveys with local manufacturers have revealed that many of these counterfeits are still being manufactured in China and the means of concealing the production and sales of these items have become more sophisticated over the years.
“For instance, some of these are mass-produced in China but the logo is exported separately and [only] affixed in the country of sale so technically there is no infringement of the trademark [for the majority of the process] and enforcement can only be carried out for a short time after the logo is attached and before it goes on sale.”
To fight these new techniques, the federal government is in flip additionally seeking to implement higher-tech and extra refined applied sciences in figuring out and hunting down such counterfeits, akin to working with specialised digital platforms below the Emergency Export Environment Improvement venture which is headed by the Japanese Ministry of Agriculture, Forestry and Fisheries (MAFF).
“The Emergency Export Environment Improvement project aims to resolve various issues and challenges for Japanese exports to destination countries, such as regulations and other hindering factors,” MAFF mentioned.
“This will be crucial for Japan to achieve the export value target set by the government which is JPY2tn (US$13.3bn) by 2025 and JPY5tn (US$33.3bn) by 2030.”
Under this venture, MAFF awarded a young for GI counterfeit monitoring to a coalition specialising in IP safety utilizing the digital platform Linkmonitor developed by Tutela Digitale, with an preliminary venture of monitoring and monitoring Japanese counterfeit meals in France.
“Linkmonitor is a platform that analyses in real time the reputation of people, brands, and products on more than 150 million online sources in 187 languages, [and Tutela Digitale] has been tasked with monitoring for France all mentions of as many as 229 Japanese GI products,” IP lawyer and Tutela Digitale Co-Founder Sveva Antonini advised us.
“This includes all mentions of Japanese foods from kobe beef to yubari melon or miso hatcho and iburigakko pickled radish to the famous oita mandarin kabosu that might appear on online posts, social media, articles, and newspaper articles.
“The results obtained will then be further filtered by the platform to verify authorised outlets and [we will also provide] legal expertise and analyse the results with the goal of creating a database containing citations of supermarkets, restaurants, and stores that claim to offer one or more of the 229 products selected by the Japanese government to the public.”
This will not be Linkmonitor’s first rodeo at engaged on a authorities stage for anti-counterfeiting measures, because it had already efficiently accomplished an identical venture with the Italian authorities beforehand.
“Counterfeiting is a problem that not only affects Japan but has a very strong global impact that subtracts billions from the economy every year,” he added.
“This project represents a fundamental step towards protecting brands, products and companies, while promoting sustainable export growth”.
Japan GI protected merchandise
A search on the web site of Japan’s Geographical Indications as of March 2024 revealed that there are presently 145 agri-food associated GIs registered, with six of those having made it into the record in January 2024 alone.
Examples of processed gadgets on this record embody Black Garlic from Aomori prefecture, Sanuki shiro miso from Kagawa prefecture, Date no Anpo Gaki dried persimmon from Fukushima and Miyagi Prefectures, and Miwa Soumen noodles from Nara prefecture.
Very particular traits should be fulfilled as a way to classify explicit merchandise as having a selected geographical origin, normally a mixture of each pure traits akin to local weather and soil situations; and distinctive manufacturing strategies.
GI merchandise in Japan are protected below the native Act on Protection of the Names of Specific Agricultural, Forestry and Fishery Products and Foodstuffs (Geographical Indication (GI) Act, which protects it as an mental property.
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