How to Add Value to Food Products and How to Protect Brand Names Abroad : Lessons Learnt from the EU System of Geographical Indications

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1 EU Japan Centre for Industrial Cooperation Seminar Report How to Add Value to Food Products and How to Protect Brand Names Abroad : Lessons Learnt from the EU System of Geographical Indications 2 March 2011

2 This report is published by: The EU Japan Centre for Industrial Cooperation 13 3 Round Cross Ichibancho, Chiyoda ku, Tokyo, Japan Tel: +81 (0) Fax: +81 (0) URL: japan.eu March 2011 The EU Japan Centre for Industrial Cooperation is not responsible for the use which might be made of the information in this report. The EU Japan Centre for Industrial Cooperation Reproduction is authorized provided the source is acknowledged.

3 1 Summary On Wednesday, 2 March 2011, the EU-Japan Centre for Industrial Cooperation organised, with the support of the Delegation of the European Union to Japan, a seminar on How to Add Value to Food Products and How to Protect Brand Names Abroad : Lessons Learnt from the EU System of Geographical Indications ". The European Union has adopted a Geographical Indications (GIs) system that offers food and beverage producers the opportunity to add value to their products and to protect brand names abroad. In this seminar, four European speakers offered a presentation about their own experience under the GIs scheme: Mr. Francis Fay, Deputy Head of Unit Agricultural Products Quality Policy, Directorate-General for Agriculture, European Commission Mr. Simone Ficarelli, Consorzio del Formaggio Parmigiano-Reggiano, Italy Ms. Joanna Dopierała-Konkołowicz, Counsellor, Embassy of the Republic of Poland to Japan Mr. Arpad Nagygyőr, Export Director, Pick Szeged, Hungary In the EU, the GI scheme has produced several positive impacts: it better connects consumers and farmers by offering detailed information about a product and its quality, as in the past years quality is becoming an increasing factor of choice for European consumers. GIs also prevent abuses and give a strong Intellectual Property protection to registered names, in particular against misuses. It finally consolidates the link between the geographical place, the product name and its added value, contributing to rural development and Agricultural Policy. According to the two private companies present at this seminar, GIs are a better promotion tool for the product and give producers the opportunity to play a fair game with their competitors. GI registration often translates into a sales increase. Although the application and registration processes can be long, benefits are very positive for consumers as well as for producers. This system remains open to non EU producers (already one Chinese and one Colombian registration) provided the GIs are protected in their country of origin; Japanese applications are of course welcome.

4 2 Seminar Outline Date: Wednesday, 2 March 2011, 14:00-16:00 Place: Meeting Room 201, International Conference Halls, Makuhari Messe Organised by: EU-Japan Centre for Industrial Cooperation With Support of: The Delegation of the European Union to Japan Programme: 14:00 Opening Remark, Mr. Gijs Berends, First Secretary, Trade Section, Delegation of the European Union to Japan 14:05-14:40 EU's system of Geographical Indications Speaker: Mr. Francis Fay, Deputy Head of Unit Agricultural Products Quality Policy, Directorate-General for Agriculture, European Commission 14:40-15:00 The Benefits of Geographical Indications for Parmigiano Reggiano Speaker: Mr. Simone Ficarelli, Consorzio del Formaggio Parmigiano-Reggiano, Italy 15:00-15:20 The Polish Experience of Geographical Indications Speaker: Ms. Joanna Dopierała-Konkołowicz, Counsellor, Embassy of the Republic of Poland to Japan 15:20-15:40 Using Geographical Indications for Hungarian Salami Speaker: Mr. Arpad Nagygyőr, Export Director, Pick Szeged, Hungary 15:40-16:00 Q & A 16:00 Closing Remark, Mr. Hiroshi Tsukamoto, General Manager, EU-Japan Centre for Industrial Cooperation Photographes:

5 3 Major issues discussed Mr. Francis Fay - EU's System of Geographical Indications The essence of the Geographical Indications policy is about consumers choice. In the EU, consumers are offered a wide choice between various products and need an access to the right information in order to better understand the quality level of a product before buying it. The goal of GIs policy is to provide reliable guarantees to consumers about the nature of the product, its farming, production, etc. Registers of GIs have been developed at the European level since the 1970 s, starting with wines, spirits and agricultural products and foodstuffs. Today, two EU logos promote and protect geographical indications: as PGIs (Protected Geographical Indications) for products linked to and originating in a geographical place, and as PDOs (Protected Designations of Origin) for which all raw materials and all production steps also take place in the area. A separate scheme identifies traditional product, as TSGs (Traditional Specialties Guaranteed). Products that meet all requirements for one of these schemes get a specific logo: a blue one for PGIs and TSGs, and a red one for PDOs. To date, more than 970 names of agricultural products and foodstuffs have been registered as GIs, including products originating from non EU countries, such as China and Colombia, indicating a recent interest from foreign countries. Most of the products whose names have been registered are fruits and vegetables, oils, meat and cheese products. The overall economic impact is important: 1600 billion yen in 2008, with a market share of 3 to 4% of the entire agrifood sector. In the cheese sector, both PDOs and PGIs account for 8% of the EU production (3 to 4% of the global cheese production). A 2007 study compared wholesale prices of generic Edam and Cheddar cheese with the average price of all cheeses under the geographical indication logos. Cheeses under the PGI logo show added value of 55%, whereas cheeses under a PDO logo show added value of 100%. GIs bring a good image and an important value to the product. An application for registration requires the following essential elements: - The name of the product: it is usually a geographical name or a traditional name that is unambiguously associated to a certain region, place or country. What makes GIs different from regional geographical trademarks is the unique production method followed by the farmers or producers, certified and controlled. It is not just an indication of provenance;

6 4 - The description of the product uses scientific terms and parameters (chemical features, microbiological information, etc.); - The description of the geographical place is compulsory; - The description of the methods of production; - The description of the causal link: it must show how the characteristics of a particular region affect a product in a way that other regions cannot (e.g. soil type, microclimate, local know-how, etc.). Regarding the application process, a non EU application can be sent directly by a producer group to the Commission. EU applications first go to the national authorities to be checked and then to the Commission to be examined. Examination generally takes a year, but the Commission is trying to reduce this period to 6 months. If the result is positive, it is published for objection in the Official Journal of the European Union and if no objection, the product's name is registered after the Commission has given its final decision. For producers, GIs are a special kind of Intellectual Property protection. The positive right gives the explicit right to use a registered name: in a geographical area related to a PDO/PGI designation, any producer (or cooperative, distributor, wholesaler, retailer) is entitled to use the registered name to market his product, as long as the conditions of production set out in the product specification are respected. Registered GIs have an absolute and extended protection against specific misuses, including evocation and imitation, even if translated. This Intellectual Property protection benefits the consumer. Specific rules apply with Trade Marks: when the prior Trade Mark is very renowned and long-used, registering a later GI could mislead the consumer: in this case, the Commission would not register it. If the Trade Mark is not very famous, the Commission would register the GI, which would coexist with the prior Trade Mark. But any Trade Mark that comes later in time to the GI would be refused. In conclusion, the experience of the GI scheme in the EU has produced several positive impacts: it better connects consumers and farmers by giving the consumer a guarantee about the way in which a product has been produced, and information on its place of production, the raw materials used, the processing methods, etc. GIs also prevent abuses and give a strong Intellectual Property protection to registered names, in particular against misuses. It finally consolidates the link between the geographical place, the product name and the added value, contributing to rural development and agricultural policy. The next presentation shows the benefits of GIs for a private company. Mr. Simone Ficarelli - The Benefits of Geographical Indications for Parmigiano Reggiano Parmigiano Reggiano became one of the first Italian PDOs in This product is strongly linked to its region of origin: all cows and milk used to produce this cheese originate from a specific area in Central Italy. In order to keep its special identity, the traditional way of production has not changed for a thousand years with the use of raw milk, the rejection of any additive and a long maturation process, although techniques have evolved.

7 5 Parmigiano Reggiano is not produced by a single big manufacturer, but by approximately 3500 small milk producers and 392 dairy cheese artisans. These producers would have been unable to face the market and export abroad if they didn t join under a common Geographical Indication. Almost 80% of these cheese producers are organised in a cooperative way. The representativeness of the base of production is respected at the higher level: all members of the Board included the president of the Consortium, must be producers. Protecting the name is very important. The Consortium safeguards the PDO denomination by checking the respect of all steps of production. Cheese wheels matching the precise PDO requirements are the only ones entitled to be sold under the Parmigiano Reggiano brand in order to ensure consumers that the average standard of the product is very high. Moreover, a modern system of printing detailed information on each wheel ensures traceability. New logos (e.g. to be printed on packs of grated cheese) and various internet domain names have been created and registered by Parmigiano Reggiano to avoid imitations all over the world. Italian cheese exports have increased since 1996, date of introduction of PDOs in Italy: from 12% of the total production ten years ago to 30% today. An important share of the overall exports of Italian cheese is represented by PDO products (Parmigiano Reggiano, Grana Padano, Gorgonzola, Asiago ). Preserving the GI is an act of promotional activity and gives producers the opportunity to play a fair game with their competitors. The main benefits of GIs are: - The protection of producers on the market and a guarantee of quality for the consumer; - Rural life is maintained in the region: these products are made in a specific area, allowing people to work and live on their activity: employments created by the production of Parmigiano Reggiano for every hectare of land are the highest among all other industries in Italy; - The chance to safeguard the identity of a national heritage. Ms. Joanna Dopierała-Konkołowicz The Polish experience of Geographical Indications In 2004, Poland became a Member of the European Union and joined the GI scheme at the end of the same year: PDO, PGI and TSG were then introduced into the Polish legal system. Faced by number of challenges, rooted in Poland History and Polish individualism, the Polish administration took many efforts to make the GI scheme operational, such as: - The identification of a precise list of existing traditional regional products in the country: almost 800 products were listed, but all names are not protected; - The necessity of establishing groups of producers; - The elaboration of a common method of production for all producers (each one had his own recipe) by investigating in History; - The necessary education about GIs: an information campaign has been launched between 2005 and 2007 through TV, magazines, local events, seminars to increase consumers awareness; - The acceptation of a long registration procedure; - The adaptation to veterinary and phytosanitary standards (necessary derogations for some products).

8 6 The Polish Ministry of Agriculture and Rural Development, advised by the Council for Traditional and Regional Designations of Agricultural Products and Foodstuffs, is in charge of receiving and evaluating the proposals, before submitting the applications for registration to the European Commission. Checks of compliance with specifications depend on 16 regional inspectorates of Agricultural and Food Quality Inspection, supported by 5 private certification bodies. Market supervision is done by the Chief Inspector of Agricultural and Food Quality Inspection and the Minister of Agriculture. Since 2007, PDOs - PGIs - TSGs are also covered by the National Rural Development Programme which supports the farmers and producers groups who are suitable to apply for various refunds. To date, Poland has registered approximately 25 names under the GI scheme. This programme is significant because quality is becoming an increasing factor of choice for consumers and European logos are a sign of high quality. The GI scheme is a good support for local societies because it helps the development of their economic potential. Even if the overall production still remains at a local scale, production of GI products has already increased about 50% in Poland and seems very positive in the mid to long term perspective. Mr. Arpad Nagygyőr: Using Geographical Indications for Hungarian Salami Pick Szeged Zrt, a Hungarian company founded in 1869 is today part of a young holding. It is the country s biggest food company and best know Hungarian food brand, producing primary and processed pork meat products. The company complies with all required quality control standards (IFS, BRCA, USDA). This traditional salami production in Szeged is due to various conditions: a specific climate, the proximity of the Tisza River that guarantees a stable temperature and humidity rate, the existence of quality livestock (mangalica pig) and feed in the area. Although modernized, the method of production has remained the same as 142 years ago in order to keep a high quality standard. After Hungary became a Member of the EU in 2004, the company filed an application for PDO and the Szeged Wintersalami was finally registered by the EU Commission in December With this new European logo, the salami has received a new proof of quality, especially for the export market. The company is still in a very young stage of using the benefits of PDO and many actions still remain to be developed, in particular to differentiate Szeged Wintersalami from other products, such as the Italian Salami Ungarese, or other socalled Hungarian salamis produced in Australia or the Philippines.

9 7 Discussions This seminar was attended by approximately 100 people from the business sector, Industrial Federations, EU Member States Embassies, Japanese Public Organisations, media and Academics. The discussion gave the audience the opportunity to ask questions on various topics, such as (1) the possibility for a non EU product's name to be registered as a GI, (2) the necessity of registration for a quality product, (3) the Japanese interlocutors of the EU Commission regarding the introduction of the GI system to Japan, (4) the non financial benefits of GI s, and (5) the obligation for a GI to be produced in a specific area although the product that originates from another region is of high quality. The possibility for a non EU product to be registered as a GI Mr. Fay stressed that a GI logo is a commercial advantage in the EU, where it applies, as shown by the success of Parmigiano Reggiano and Szeged Wintersalami. GIs mean that a product has been produced following a traditional method, with a link with a particular area. In accordance with WTO principles, GIs are quality logos, applicable also to any non EU producer respecting high standards. The EU Commission is currently receiving more applications from non EU producers and this system is also very positive for consumers, as it offers them a better choice. Regarding non EU alcohol drinks, an American and a Brazilian wine are already registered. The US-EU Wine Agreement also recognizes and protects about 70 US AVAs (American Viticulture Areas, similar to GIs) in the EU. A Japanese wine can register in the EU, provided that its name is already protected in the country of origin. The necessity of registration for a quality product According to Mr. Fay, reputation without protection is a catastrophy. A product that has a global reputation should register to avoid problems on the mid to long term, as trade marks can be filled by other producers in the world. Regarding collective trade mark, it is based on private law right: a regional producer is able to use the collective trade mark in order to market the product. It is only a provenance indication; the quality connotation is however missing. The specification or the particular modes of production are not compulsory. The Japanese interlocutors of the EU Commission regarding the introduction of the GI system to Japan Mr. Fay told the audience that Japanese producers interested in importing a quality product to the European market can apply directly, without any government involvement. The EU Commission has a constant dialogue with several Japanese Ministries: the Ministry of Agriculture, the Ministry of Foreign Affairs, the Ministry of Industry, and the Patent Office. From time to time, European promotional campaigns on GIs are organised in Japan (recently a three-year campaign). The non financial benefits of GI s According to Mr. Ficarelli from Consorzio del Formaggio Parmigiano-Reggiano, companies producing GIs have a tradition, a history, an identity and a specific way of

10 8 production. GIs keep traditions and knowledge alive and preserve original landscapes and populations in their area. In Poland, behind the products, the GI system is also about promotion of local cultures and traditions. It extends the market for the product and also attracts the customer s attention on the quality and the existing tradition. The obligation for a GI to be produced in a specific area, although the product that originates from another region is also recognized as a high quality product Mr. Ficarelli explained that the first export market for his product has been countries where Italian emigrants were living. After a few years, they began to produce high quality standards traditional Italian food products in their new country. But Mr. Ficarelli claims the right for GI producers to remain the only companies to sell the original Parmigiano Reggiano, as this cheese is produced in the original region, in order not to lure the consumer. It is a way to safeguard the real origin of the product. Mr. Fay added that it is important, in a globalized market, to preserve what is authentic and local. GIs give the opportunity to protect at a global level what is special and unique at local level. Background information on Geographical Indications (GI) GIs are a type of intellectual property. I - Under WTO: Article 22.1 of TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rightshttp:// Definition: Geographical Indications are Indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin. Broad definition, qualifying for protection names of agricultural and foodstuff products, handicrafts, wines and spirits WTO members have to protect GIs. Two methods are possible: 1/ National existing legal framework (trademark law, consumer protection law) Examples: US, Australia 2/ A sui generis system Examples: the EU, Mexico Wider protection for GI from around the world is a key goal for the EU in the ongoing WTO Doha Round of world trade negotiations, where have started in January 2011 new negotiations on a single draft text for setting up a multilateral geographical indications register for wines and spirits (begun in 1997 and included in the Doha Round in 2001).

11 9 II - In the EU Background Historically, Geographical Indications have been protected since the 19 th Century in Europe: 1883: Paris Convention on Intellectual Property ( indications of source or appellations of origin ) 1891 and 1989: Madrid Agreement on Indications of Source of Goods 1958: Lisbon Agreement on the protection of Appellations of Origin 1992: EU Regulation on Protected Geographical Indications and Protected Designation of Origin 1994: WTO Agreement on TRIPS First multilateral treaty dealing with Geographical Indications as such 2006: Regulation on health claims in food products, amended in December 2006, setting out basic principles (but explicitly requiring nutrient profiles to be established by the European Commission to determine which products are "healthy" enough to carry health claims) 2008: Green Paper on Agricultural Product Quality: Product Standards, Farming Requirements and Quality schemes 2008: Commission adopts proposal for a regulation on food labelling, combining two existing directives into one regulation a 2000 directive (2000/13/EC) relating to the labelling, presentation and advertising of foodstuffs and a 1990 directive (90/496/EEC) on nutrition labelling for foodstuffs. Definition According to the Council Regulation (EC) No 2081/92, modified by Council Regulation No 510/2006, protects GIs (source: ): The Protected Geographical Indication is linked to the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff: - Originating in that region, specific place or country - Which possesses a specific quality, reputation or other characteristics attributable to that geographical origin - The production and/or processing and/or preparation of which take place in the defined geographical area. This Regulation sets out provisions on agricultural products and foodstuffs (excluding all winesector products, except wine vinegar) from a defined geographical area. If there is a link between the characteristics of certain products and their geographical origin, they may qualify for either a protected geographical indication (PGI) or a protected designation of origin (PDO). A PGI indicates a link with the area in at least one of the stages of production, processing or preparation. The link with the area is stronger for PDOs, as they have to be produced, processed and prepared in a given geographical area using recognized know-how. PGIs protect the names of wines, cheese, hams, fruits, vegetables, etc. It is a similar system as the Appellation d Origine Controlee in France, Denominazione di Origine Controllata in Italy, Denominacion de Origen in Spain, etc. Examples: Pruneau d Agen (France), Manchego Cheese (Spain), Parma Ham (Italy), Bulgarian Yoghurt (Bulgaria), etc.

12 10 Objectives of the PGI status: Better information for consumers Higher level of health protection for consumers Development of a protection system in order to be more competitive on the international market Maintain quality of products, local know-how and local s identity, and prevent the over standardization of different food stuffs Benefit the rural economy, since it boosts farmers' income and maintains the population in less favoured or remote areas Relations between trade marks, PDOs and PGIs (Source: ) A trade mark is a legally protected name, word, symbol, or design (and their combinations) used by a manufacturer or seller to identify a product or service and distinguish it from other goods (Economides, 1997). Where a PDO or a PGI is registered, applications to register trade marks corresponding to one of the above situations and relating to the same class of product are refused if they are submitted after the date of submission of the registration application to the Commission. In certain cases specified in the Regulation, a trade mark may co-exist with a geographical indication or a designation of origin. Enforcement within the EU: Infringement can be treated as counterfeit, imitation, misuse, false or misleading advertising, or as a question of public health. Enforcement outside the European Union: There is no unconditional protection on products made and sold outside the EU. Only bilateral agreements with the EU allow some level of enforcement with: - Australia (on wine but not cheese) - Canada (wine and spirits) - Chile (wine and spirits) - Colombia (coffee) - Mexico (spirit drinks) - South Africa (wine and spirits) Current problems Increasing number of misappropriations and copies that EU GI producers face outside of the EU, causing limitation of access to some markets and loss of income Quality production is discouraged Protection of consumers cannot be ensured The European Commission is currently thinking about new food labeling rules, mainly for public health reasons (obesity). A new regulation currently in discussion plans to make mandatory a front-of-pack labeling for a range of nutrients (energy, total fat, salt) expressed as amounts per 100g, in a minimum font size of 3mm for lettering on labels, and the mention of the country of origin.

13 11 III In Japan (sources: and Japan has potential for Geographical Indications regarding products such as Kobe Beef, Banshu somen, Wajima lacquer ware, etc. As authorized by TRIPS, Geographical Identifications are protected under the trademark laws, through a modified Collective Mark regime, but a sui generis system is available only for liquors. Background International Standards of GI protection 1883: Paris Convention for the Protection of Industrial Property, revised in : Madrid agreement for the Repression of False or Deceptive Indications of Source on Goods 1994: WTO Agreement on TRIPS First multilateral treaty: TRIPS Geographical Indications (Art TRIPS Enforcement Standard), Notification, 28/12/1994, No. 4 and Geographical Indications (Art TRIPS Enforcement Standard), Notification (Consolidation), 28/12/1994 (28/04/2006), No. 4 (No. 9) The most significant Japanese Laws regulating the use of Geographical Terms 1959: Trademark Law, as it normally prevents the registration of geographical marks 1962: Act against Unjustifiable Premiums and Misleading Representations 1993: Unfair Competition Prevention Law 1994: Notification n.4 of the National Tax Administration for wines and spirit names on Regionally Based Collective Marks 2006: A Regionally Based Collective Mark consists of a geographical name and the common name of goods and services which is used by an industrial business cooperative association. The Japan Patent Office (JPO) is the administration is in charge of registration. Links EU side: - DG Agriculture and Rural Development: - Factsheet on the European Policy for Quality Agricultural Products: Japan side: - Japan Patent Office: - On Japanese Trademark Law Partial Revisions for 2005:

14 12 Participants & Evaluation Total number of participants = 99 Average evaluation of the event by participants on the scale of 1 to 5 (1 = Poor/Low; 5 = Excellent/High) Learning Value Adherence to Objective Adherence to Interests Presentation on EU's System of GI Presentation on Benefits of GI for Presentation on Polish Experience of GI Presentation on Using GI for Hungarian Handout Interpretation Event Structure Staff Industrial Federation 4% Media 5% Japanese Local Government 7% Academic 4% Japanese Government 8% Business 48% Public Organisation 10% European Commission and EU Member States Embassies 14%

15 13 Presentations & Handouts Programme of the Seminar Presentation - EU's system of Geographical Indications (by Mr. Francis Fay, Deputy Head of Unit Agricultural Products Quality Policy, Directorate-General for Agriculture, European Commission) Presentation- The Benefits of Geographical Indications for Parmigiano Reggiano Cheese (by Mr. Simone Ficarelli, Consorzio del Formaggio Parmigiano-Reggiano, Italy) Presentation- The Polish Experience of Geographical Indications (by Ms. Joanna Dopierała-Konkołowicz, Counsellor, Embassy of the Republic of Poland to Japan) Presentation- Using Geographical Indications for Hungarian Salami (by Mr. Arpad Nagygyőr, Export Director, Pick Szeged, Hungary )

16 14 FOODEX Japan 2011 Seminar on Regional Brands How to Add Value to Food Products and How to Protect Brand Names Abroad : Lessons Learnt from the EU System of Geographical Indications Wednesday, 2 March 2011, 14:00-16:00 Place: Meeting Room 201, International Conference Halls, Makuhari Messe The exceptional nature and quality of some products derives from both their place of production and the methods used to make them. Consumers and the food trade are increasingly interested in the geographical origin and other characteristics of food. The EU recognized this and maintains a system of quality protection for products originating in a certain territory, where a given characteristic of the product is directly attributable to its geographical origin. This system is called Geographical Indications or GI. Within the EU, the regional brand names are protected and the EU is seeking their protection under the WTO. Some of the advantages of protecting these quality indications are that they help producers to obtain a premium price for their products; give guarantees to consumers about product qualities; protect the brands against fraudulent imitation and increase production and create local jobs. The speakers today come from both the private and the public sector. They will explain the policy of geographical indications but also its practical applications in business operations. Programme 14:00 Opening Remark, Mr. Gijs Berends, First Secretary, Trade Section, Delegation of the European Union to Japan 14:05-14:40 EU's system of Geographical Indications Speaker: Mr. Francis Fay, Deputy Head of Unit Agricultural Products Quality Policy, Directorate-General for Agriculture, European Commission 14:40-15:00 The Benefits of Geographical Indications for Parmigiano Reggiano Speaker: Mr. Simone Ficarelli, Consorzio del Formaggio Parmigiano-Reggiano, Italy 15:00-15:20 The Polish Experience of Geographical Indications Speaker: Ms. Joanna Dopierała-Konkołowicz, Counsellor, Embassy of the Republic of Poland to Japan 15:20-15:40 Using Geographical Indications for Hungarian Salami Speaker: Mr. Arpad Nagygyőr, Export Director, Pick Szeged, Hungary 15:40-16:00 Q & A 16:00 Closing Remark, Mr. Hiroshi Tsukamoto, General Manager, EU-Japan Centre for Industrial Cooperation

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