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Custom Recordal of IPRs in Japan

Japan

Custom Recordal of IPRs
Yes
No
Yes
The Customs Law and Order for Enforcement of the Customs Law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Japan.
Custom Recordal of IPRs is effective on both import and export of goods.
The role of the Customs authority is to initiate the custom identification procedure and also decide whether or not the suspected goods are infringing existent IPRs.
Yes, the application can be submitted to one of the nine regional customs HQ with all the mentioned documents. The Customs authority conducts the Identification Procedure, upon determination of which it is concluded that whether or not the goods shall be confiscated. The parties to the procedure have 02 months to protest against the decision taken after which it becomes binding.
An application form, a transcript of the IPR Registry and the IPR Bulletin; Prima facie evidence of the infringement of your IPR, samples, pictures, etc. (for distinguishing infringing goods from genuine products); Documents providing the basis for calculation of a security against possible damages caused by a release of suspended goods (only for patent rights, utility model rights, and design rights); Power of attorney (In case the application is lodged by a proxy).
Yes; a security deposit in proportion to the size of imports, as decided by the Customs authority has to be paid.
When suspected goods are detected, the Customs authority notifies both importers and rights holders of the initiation of Identification Procedures by providing them respectively with relevant information, such as names and addresses of parties concerned. There is no specific duration, but intimation is given upon identification of such infringing goods.
Applications for suspension are lodged with any one of regional Customs Headquarters.
Yes
The term for Custom Recordal of IPRs is 02 years.
Yes
While conducting the identification procedure and up until the Customs authority finds out the true nature of the goods. Once it is ascertained that goods are infringing in nature, the same are confiscated from being commercialised.
The rights holder bears the liabilities and expenses related to suspension of the release of infringing goods.
Yes
Yes
Yes
10 days
Yes; (in the case of substantial procedure, the IP rights holder has to produce the order of the court)
N/A
Yes
When the Customs authority initiates an identification procedure on suspected goods based on the application, if necessary, it may order the applicants, for the importers, to deposit the security to cover the damages caused by the procedure.
It intimates both the parties about the investigation being conducted on the matter and asks for submission. Depending on the same, the short method or the substantive procedural method is followed up, after which, if goods are found infringing, the seizure results into destruction of goods.
No
No
None
Yes; a 02 month period is given to protest against the decision of the Customs authority.
N/A