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Overview of Application for Suspension

1.  What is Application for Suspension?
Application for Suspension is the procedure that IPR holders request Customs to initiate Identification Procedures in the case Customs detects goods suspected of infringing their IPR in imports or exports.

Application for Suspension covers patent rights, utility model rights, design rights, trademark rights, copyright & neighboring rights, plant breeder's rights, unfair competition relating to famous indication of goods , configuration of goods and access/copy control of restricted material.

(Article 69-4 and 69-13 of the Customs Law, Article 62-13 and 62-17 of the Order for Enforcement of the Customs Law.)

*  Layout-design rights are exempt from the procedure,  however “Information Recordation” can be made at Customs for suspension.

 

2.  What are Identification Procedures?
Identification Procedures are the procedures in which Customs makes a decision as to whether the suspected goods are infringing IPRs or not.

(Articles 69-3 and 69-12 of the Customs Law, Articles 62-12 and 62-16 of the Order for Enforcement of the Customs Law.)

For more information: See Identification Procedures


 

 

 

PR activities of the Customs

Ministry of Finance

  • Ministry of Finance Japan