Summary of border enforcement in Japan Customs

Subjects of Intellectual Property protected

Patents, Trademarks, Copyrights, Designs and Imitation

 

System of enforcement

We have two steps of border enforcement, one step is a

submission to application to Customs, the other step is an

identification of imports at Customs.

The submission step is to apply an evidence, in which if a target

good is imported, it makes an infringement, to Customs by

Intellectual property right holder.

The identification step is to judge whether the imports infringe or

not.

Details of the submission step

First, the application by submitted by right holder is opened on

website for having an opinion from potential importers.

Next, the application is checked out by specialists of Intellectual

Property.

Finally, the application is Accepted and published.

Requirements of acceptance are as follows:

The applicant is right holder;

The rights are valid;

The rights are infringed;

The infringement is proved; and

The imports infringed are distinguished from genuin goods.

Details of the identification step

First, a notification for identification is send to both the right

holder and the importer, they are provided to opportunity to argue

about the imports suspected.

Next, they can submit their arguments by examining the imports

to Customs, their arguments are inspected by Customs.

Finally, a notification for conclusion is send both the two.

Moreover, the importers are provided to ask release of the imports

for Customs by making deposit.