Enforcement Order Under the GI Protection Act
Overview
The Ministry of Agriculture, Forestry and Fisheries confirmed that Panax Co., Ltd. labeled processed beef pack products with the name “Kagoshima Black Beef” and affixed the GI mark before wholesaling them, despite knowing that the source meat was not “Kagoshima Black Beef.” Under Article 5 of the Act, the ministry ordered the company to inspect and correct its labeling and related matters, investigate the cause, implement and publicize measures to prevent recurrence, and report on the measures taken.
Key points
- The Ministry of Agriculture, Forestry and Fisheries found that Panax Co., Ltd. had improperly used “Kagoshima Black Beef” and ordered corrective measures.
- The improper use took place from at least December 2024 through March 2025.
- The order requires inspection and correction of labeling and related matters, investigation of the cause, measures to prevent recurrence, and a report on the measures taken.
Overview
The Geographical Indication (GI) protection system protects, as regional intellectual property, the names of agricultural, forestry, fishery and food products whose quality or social reputation has been nurtured by local nature, history, culture and customs. Registered names may be used exclusively, and improper use is subject to enforcement by the Ministry of Agriculture, Forestry and Fisheries.
The enforcement order is based on Article 5 of the Act on Protection of the Names of Specific Agricultural, Forestry and Fishery Products and Foodstuffs (Act No. 84 of 2014).
Impact
The system seeks to protect brands by removing counterfeit products and preventing free riding. The Ministry of Agriculture, Forestry and Fisheries says it will continue to strictly enforce the rules against improper use.
Details
The company concerned is Panax Co., Ltd. (corporate number 5120901018256, Suita City, Osaka Prefecture). Although it knew the source meat was not “Kagoshima Black Beef,” the company labeled processed beef pack products with that name and affixed the GI mark when wholesaling them to commercial buyers. The Ministry of Agriculture, Forestry and Fisheries found this to be improper use in violation of Article 3, paragraph 2, and Article 4, paragraph 2 of the Act.
The company must immediately inspect the labeling and use of marks on registered agricultural, forestry and fishery products, as well as such products manufactured or processed using them as the main ingredients or materials, and on their packaging, containers, advertisements, price lists and transaction documents. Any violations must be removed or erased.
The company must investigate and analyze the cause, educate all officers and employees about the system and ensure compliance, and implement and publicize measures to prevent recurrence. It must not make or use any labeling or marks that violate the rules in the future. It must compile the measures taken into a report and submit it to the Minister of Agriculture, Forestry and Fisheries within 1 month.