Trans-Pacific Partnership Agreement
Subject to Legal Review in English and French for Accuracy, Clarity and Consistency.
Subject to Authentication of English and French Versions.
Letter from Canada to Japan
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:
- 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.
- 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.
- 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.
- 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.
- 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.
- Upon request pursuant to paragraph 5, the two Governments may seek to consult in order to consider ways
of reaching mutually satisfactory solutions.
- 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.
The following are protected geographical indications in Canada:
- Canadian Rye Whisky
- Canadian Whisky
- 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
- Okanagan Valley
- Ontario Icewine
- Prince Edward County
- Similkameen Valley
- Short Hills Bench
- St. David’s Bench
- Twenty Mile Bench
- Vancouver Island
- Vinemount Ridge
The following are protected geographical indications in Japan:
- ???(Japanese sake, Nihonshu)