Trans-Pacific Partnership Agreement

Geographical Indications

Subject to Legal Review in English and French for Accuracy, Clarity and Consistency. Subject to Authentication of English and French Versions.

Dear:

I have the honour to confirm, on behalf of the Government of Canada, the following understanding reached between the Government of Canada and the Government of Japan:

1. At the time of signature of this letter, the Government of Japan recognizes that the indications listed in Part A of the Annex to this letter (hereinafter referred to as “the Annex”) are protected geographical indications in Canada. Subject to the procedures provided for in the relevant laws and regulations of Japan and in accordance with its applicable laws and regulations, interested parties of Canada may seek protection for these indications as geographical indications in Japan in accordance with Articles 22 through 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the Marrakesh Agreement Establishing the World Trade Organization (hereinafter referred to as “the TRIPS Agreement”) and subject to the exceptions under Article 24 of the TRIPS Agreement.
2. At the time of signature of this letter, the Government of Canada recognizes that the indications, and translations thereof, listed in Part B of the Annex are protected geographical indications in Japan. Subject to the procedures provided for in the relevant laws and regulations of Canada and in accordance with its applicable laws and regulations, interested parties of Japan may seek protection for these indications as geographical indications in Canada in accordance with Articles 22 through 24 of the TRIPS Agreement and subject to the exceptions under Article 24 of the TRIPS Agreement.
3. Subject to the procedures provided for in the relevant laws and regulations of Canada and Japan and in accordance with their applicable laws and regulations, the Annex may serve as evidence that the indications listed therein are protected in the territory of their respective country as geographical indications, for the purposes of procedures and proceedings seeking their protection in the territory of the other country.
4. The two Governments may consider, upon request of either Government, and determine upon mutual consent, additional geographical indications of wines and spirits that may be listed in the Annex. The two Governments may remove geographical indications listed in the Annex if those geographical indications have ceased to be protected or have fallen into disuse in their country of origin.
5. Either Government may request consultations with the other Government regarding the implementation of this understanding and any actual or proposed measure or any other matter which that the requesting Government considers might affect its interests with respect to the protection of the indications in the territory of the other country.
6. Upon request pursuant to paragraph 5, the two Governments may seek to consult in order to consider ways of reaching mutually satisfactory solutions.
7. The two Governments confirm that nothing in this understanding affects the rights and obligations of the two Governments under Section E (Geographical Indications) of Chapter 18 (Intellectual Property) of the Trans-Pacific Partnership Agreement and under provisions relating to geographical indications of any other international agreements that both countries are parties to.

I have the further honour of proposing that this letter, equally valid in French and English, and your Excellency’s letter in reply, confirming that your Government shares this understanding, will constitute an understanding between our Governments.

Sincerely,

Annex

Part A

The following are protected geographical indications in Canada:

Spirits

• Canadian Rye Whisky
• Canadian Whisky

Wines

• BC Gulf Islands
• Beamsville Bench
• British Columbia
• Creek Shores
• Fraser Valley
• Four Mile Creek
• Lake Erie North Shore
• Lincoln Lakeshore
• Niagara Escarpment
• Niagara Lakeshore
• Niagara Peninsula
• Niagara River
• Niagara-on-the-lake
• Okanagan Valley
• Ontario
• Ontario Icewine
• Prince Edward County
• Similkameen Valley
• Short Hills Bench
• St. David’s Bench
• Twenty Mile Bench
• Vancouver Island
• Vinemount Ridge

Part B

The following are protected geographical indications in Japan:

Spirits

• ??(Iki)
• ??(Kuma)
• ??(Ryukyu)
• ??(Satsuma)

Wines

• ??(Hakusan)
• ???(Japanese sake, Nihonshu)
• ??(Yamanashi)