Japan’s move to protect geographical brands(14)

Japan’s move to protect geographical brands in China and its implication to Korea

Needless to say, voices of requesting protection of Korean geographical brands in China will be drawing greater attention as well. In this regard, Japanese government’s recent initiatives have meaningful implication to Korea. Japan’s efforts to apply for trademarks abroad and to present guidelines at home are what Korean government should learn for its sake. 

In other words, this project will address a message that Korean government need to benchmark the researched cases and to come up with necessary measures to prevent potential troubles with China with no delay. 

Japan’s move to protect geographical brands(8)

Japan’s move to protect geographical brands in China and its implication to Korea

Though failing to react in advance, Japanese central and local governments have responded in a proper way. They did take relevant steps after disputes over misuse of Japanese geographical brands in China were reported. They actively applied for trademarks in China and introduced guidelines domestically to protect geographical brands from further damage.

Such a move means a lot to Korean government as similar conflicts are expected to be wired between Korea and China in the near future. The concept of my project is born in this sense with special emphasis on timely and untouched research.

Japan's move to protect geographical brands(7)

Japan’s move to protect geographical brands in China and its implication to Korea

It is mainly because Japan’s exports of brand farm products could be adversely affected if Japanese geographical product and brand names are registered as Chinese trademarks. 

So far a total of 9 Japanese prefectures, Aomori Prefecture(靑森県), Hokkaido Prefecture(北海県), Yamanashi Prefecture(山梨県), Shiga Prefecture(滋賀県), Wakayama Prefecture(和歌山県), Fukuoka Prefecture(福岡県), Saga Prefecture(佐賀県), Nagasaki Prefecture(長崎県) and Kagoshima Prefecture (鹿児島県) have successfully taken actions to register their trademarks in China.

Japan's move to protect geographical brands(6)

Japan’s move to protect geographical brands in China and its implication to Korea

According to the Japan Patent Office(JPO), actual public notices were given or registrations were made on the basis of applications of third parties in China for 6 Japanese prefectures, Toyama Prefecture(富山県), Fukui Prefecture(福井県), Aichi Prefecture(愛知県), Yamaguchi Prefecture(山口県), Kagawa Prefecture(香川県) and Saga Prefecture(佐賀県). 

Against this background, Japanese government has accelerated its move in two folds since late 2000’s; applying for trademarks in China and coming up with guidelines for related parties in Japan. 

Japan’s move to preserve geographical brands(5)

Japan’s move to preserve geographical brands in China and its implication to Korea

In fact, it has been alleged that many Chinese have illicitly trademarked or tried to trademark the names of famous Japanese places, names and local specialties in recent years. 

Long-lasted disputes and subsequent legal suits over Kagawa Prefecture(香川県)’s Sanuki Udon(讃岐うどん) between Japan’s Kabashima Shouji(樺島商事) and Taiwan’s Namchow Group are none other than a representative example.

International Disputes over the Intellectual Property Rights(3)

Study on international disputes over the intellectual property rights

Despite the criticism that it does not properly reflect the changing international environment, 'lex loci protectionis' has provided for some important standards for resolution of the international disputes over the intellectual property rights. 

Accordingly, even though it is deemed necessary to introduce some concepts of 'lex loci origins' in order to interpret 'lex loci protectionis' anew, significance of 'lex loci protectionis' related to the governing law is expected to be highlighted continuously afterwards.

Such a trend is well reflected in 'Von Dutch' case. When the US designer died, companies of various nations attempted to take over his intellectual property right to use it for their trademarks. In this 'Von Dutch' case, the Korean court made it clear that it had applied 'lex loci protectionis' to the case according to territorialitatsprinzip.

Japan's reaction to protect geographical brands in China(10)

Japan's reaction to protect geographical brands in China and its implication to South Korea

Needless to say, voices of requesting protection of Korean geographical brands in China will be drawing greater attention as well. In this regard, Japanese government's recent initiatives have meaningful implication to Korea. 

Japan's efforts to apply for trademarks abroad and to present guidelines at home are what Korean government should learn for its sake. In other words, this project will address a message that Korean government need to benchmark the researched cases and to come up with necessary measures to prevent potential troubles with China with no delay.

After completion, my research will be published in the form of a Korean book and an English article in the journal of Korean Academy of Commodity Science & Technology in about 3 months.

Japan's reaction to protect geographical brands in China(5)

Japan's reaction to protect geographical brands in China and its implication to South Korea

It is mainly because Japan’s exports of brand farm products could be adversely affected if Japanese geographical product and brand names are registered as Chinese trademarks. 

So far a total of 9 Japanese prefectures, Aomori Prefecture(靑森県), Hokkaido Prefecture(北海県), Yamanashi Prefecture(山梨県), Shiga Prefecture(滋賀県), Wakayama Prefecture(和歌山県), Fukuoka Prefecture(福岡県), Saga Prefecture(佐賀県), Nagasaki Prefecture(長崎県) and Kagoshima Prefecture (鹿児島県) have successfully taken actions to register their trademarks in China.

Though failing to react in advance, Japanese central and local governments have responded in a proper way. They did take relevant steps after disputes over misuse of Japanese geographical brands in China were reported. 

Japan's reaction to protect geographical brands in China(3)

Japan's reaction to protect geographical brands in China and its implication to South Korea

Such aggressive drives time to time led to undesirable results accompanied by huge controversy and conflict. More cases have been noticed in the corporate sector. 

However, conflicts in the public sector are no less serious. That could explain why Japanese central and local governments have been eager to protect Japanese geographical brands in China. 

In fact, it has been alleged that many Chinese have illicitly trademarked or tried to trademark the names of famous Japanese places, names and local specialties in recent years. 

Japan's move to protect geographical brands(7)

Japan’s move to protect geographical brands in China and its implication to Korea

It is manufacturing and entertainment industry which has generated most disputes over the intellectual property rights between Korea and China. Except a few cases surrounding the use of geographical brands for Korean rice and hot pepper sauce in America, geographical brands haven’t developed themselves into big issues so far in Korea. 

So studies and researches also have been focused on cases of private sectors, corporate activities in particular. However, keeping the ever-growing influence of China and recent ‘Korean Wave’ frenzy in China, it is little doubt that geographical brands will become hot-potato like issues soon. 

Needless to say, voices of requesting protection of Korean geographical brands in China will be drawing greater attention as well. In this regard, Japanese government’s recent initiatives have meaningful implication to Korea. Japan’s efforts to apply for trademarks abroad and to present guidelines at home are what Korean government should learn for its sake. 

In other words, this project will address a message that Korean government need to benchmark the researched cases and to come up with necessary measures to prevent potential troubles with China with no delay. 

Japan's move to protect geographical brands(4)

Japan’s move to protect geographical brands in China and its implication to Korea


It is mainly because Japan’s exports of brand farm products could be adversely affected if Japanese geographical product and brand names are registered as Chinese trademarks. 

So far a total of 9 Japanese prefectures, Aomori Prefecture(靑森県), Hokkaido Prefecture(北海県), Yamanashi Prefecture(山梨県), Shiga Prefecture(滋賀県), Wakayama Prefecture(和歌山県), Fukuoka Prefecture(福岡県), Saga Prefecture(佐賀県), Nagasaki Prefecture(長崎県) and Kagoshima Prefecture (鹿児島県) have successfully taken actions to register their trademarks in China.

Though failing to react in advance, Japanese central and local governments have responded in a proper way. They did take relevant steps after disputes over misuse of Japanese geographical brands in China were reported. They actively applied for trademarks in China and introduced guidelines domestically to protect geographical brands from further damage. 

Such a move means a lot to Korean government as similar conflicts are expected to be wired between Korea and China in the near future. The concept of my project is born in this sense with special emphasis on timely and untouched research.

Japan's move to protect geographical brands(3)

Japan’s move to protect geographical brands in China and its implication to Korea

In fact, it has been alleged that many Chinese have illicitly trademarked or tried to trademark the names of famous Japanese places, names and local specialties in recent years. 

Long-lasted disputes and subsequent legal suits over Kagawa Prefecture(香川県)’s Sanuki Udon(讃岐うどん) between Japan’s Kabashima Shouji(樺島商事) and Taiwan’s Namchow Group are none other than a representative example. 

According to the Japan Patent Office(JPO), actual public notices were given or registrations were made on the basis of applications of third parties in China for 6 Japanese prefectures, Toyama Prefecture(富山県), Fukui Prefecture(福井県), Aichi Prefecture(愛知県), Yamaguchi Prefecture(山口県), Kagawa Prefecture(香川県) and Saga Prefecture(佐賀県). 

Against this background, Japanese government has accelerated its move in two folds since late 2000’s; applying for trademarks in China and coming up with guidelines for related parties in Japan.