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Enforcement of IPRs in Japan


Enforcement of IPRs
Possible smuggling through postal services rather than containerships is the cause of counterfeiting and piracy in Japan.
Electronics are the good items that most often fact counterfeiting and piracy in Japan.
The Copyright Act (Act No. 48 of May 6, 1970, as amended 2020) (2020); The Design Act (Act No. 125 of April 13, 1959, as amended up to April 1, 2020) (2020); The Patent Act (Act No. 121 of April 13, 1959, as amended up to April 1, 2020) (2020) ; The Design Registration Order (Cabinet Order No.41 of March 24, 1960, as amended up to Cabinet Order No.404 of December 26, 2008) (2008); The Law on the Circuit Layout of a Semiconductor Integrated Circuits (Act No. 43 of May 31, 1985, as amended up to Act No. 50 of June 2, 2006) (2006); The Trademark Registration Order (Cabinet Order No. 42 of March 24, 1960, as amended up to Cabinet Order No. 404 of December 26, 2008) (2008); The Customs Act (Act No.61 of April 2, 1954, as amended up to Act No. 13 of March 31, 2010) (2010); The Plant Variety Protection and Seed Act (Act No. 83 of May 29, 1998, as amended up to Act No. 49 of May 18, 2007) (2007).
Trademarks, copyright, plant varieties, industrial designs, patents are the different types of IPRs protected by IPR enforcement measures in Japan.
The essential to-dos are as follows:
1) Align your IP strategy with your business strategy. Identify business goals, protectable IP, regional requirements, potential partners, and the capacity to expand into your target markets.
2) Routinely monitor the marketplace for unauthorized use of your IP.
3) Before proceeding with any of the enforcement methods outlined above, consider contacting a qualified legal representative to discuss options, including a warning letter.
Yes; 03 years
A) Government Authorities -
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
The time to first-level decision in IP litigation tends to be longer than other types of litigation, such as regular commercial litigation. On average, IP litigation takes approximately 17 months to a first-level decision and more than 20% of the cases have taken more than 02 years.
A) Responsible Authority - IP High Courts, Supreme Court
B) Imprisonment Term - Up to 10 years
C) Monetary Fine - ¥10 million or less
Imprisonment with labour is the other criminal remedy available in Japan than the ones mentioned above.
The fine may not be deterrent enough (as per many reports).
Several efficient alternative remedies are available in Japan, such as arbitration, mediation, and direct negotiation. There is a body set-up especially for that, namely, Japan Intellectual Property Arbitration Center (JIPAC).
Confiscation and destruction of goods are the remedies available under border control measures (customs) in Japan.
The applicant must bear the costs of customs intervention during enforcement.
All measures are at par. The choice depends on the nature of action and strategy of the applicant.