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Since the signing of the TRIPs in 1994, Geographical Indications (GIs) have gradually become one of the important means for countries to safeguard and foster local industrial brands. Prior to enacting the Act on Protection of the Names of Specific Agricultural, Forestry and Fishery Products and Foodstuffs (hereinafter Japan GI Law) in 2014, Japan mainly protected GIs under the Trademark Law. In 2006, Japan, in order to revitalize local economies, expanded the scope of registration entities under Article 7-2 of the Trademark Law to include regional collective trademark systems, which successfully supported local industries. In 2014, due to the need for signing an EPA with EU, Japan newly established the Japan GI Law. Japan GI Law is characterized by its unique features, tailored to its domestic industrial characteristics, including ‘the replacement’ of private rights with administrative authority to combat illegal infringements. Consequently, Japan's GI protection system operates concurrently under both the Trademark Law and the GI Law.
In Taiwan, GIs are protected under the Trademark Law, namely in the form of private rights, including geographical collective trademarks (GCTs) and geographical certification marks (GCMs). After analyzing the legal framework and implementation experience of Japan's GIs, this article also provides suggestions for Taiwan’s legal system. It proposes that Taiwan’s GCTs should learn from Japan's ‘well-known requirements’ and build a connection with the place of origin, thus enhancing the reputation of goods. In addition, regarding Taiwan's GCMs, this article suggests that there is no need to enact sui generis rights to GIs, but priority should be given to building product reputation, and it recommends that the Intellectual Property Office should strengthen communication with the Ministry of Agriculture.
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