IPR Border Enforcement by Japan Customs

Japan Customs enforces goods infringing Intellectual Property Right (IPR) at the border. The exportation, importation, and transit of goods infringing IPRs are prohibited under Articles 69-2, 69-11, 30, or 65-3 of the Customs Law.

Any person who has transported or attempted to transport such goods into/from Japan shall be punished under Article 109, etc. of the Customs Law.

Layout-design rights are exempt from Customs enforcement for exportation.

Penal Provisions in the Customs Law

□  For a person who so acted
Any person who has exported, imported, or attempted to export or import goods infringing IPRs shall be punished by imprisonment with work for not more than ten years and/or a fine not more than ten million yen.
(Paragraphs 2 and 3 of Article 108-4, Paragraphs 2 and 3 of Article 109 of the Customs Law.)

Any person who has transported or attempted to transport goods infringing IPRs, or has transferred or attempted to transfer goods infringing IPRs from the importing means of transport to the exporting means of transport, shall be punished by imprisonment with work for not more than ten years, and/or a fine not more than seven million yen,
(Paragraphs 2 and 3 of Article 109-2 of the Customs Law)

Any person who has prepared willfully for any offence as prescribed above shall be punished. (Paragraph 5 of Article 108-4, Paragraph 5 of Article 109, Paragraph 5 of Article 109-2 of the Customs Law)

□  For a juridical person (i.e. an employer) of the offender
Where an employee or any other workers of a juridical person or an association or a foundation without juridical personality has committed an offence described above with regard to the business of the said juridical person, etc., such juridical person, etc. shall be punished by a fine as provided in the respective corresponding Articles.
(Paragraph 1 of Article 117 of the Customs Law.)

□  For IPR infringing goods
The goods infringing IPRs may be confiscated and destroyed by Customs (Paragraph 2 of Article 69-2, Paragraph 2 of Article 69-11, Paragraphs 1 and 2 of Article 118 of the Customs Law.)