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Conditions for Approval

To submit an Application for Suspension at Headquarters of regional Customs, a right holder has to fulfill following five conditions. If all the conditions are fully satisfied, the application is approved with a validity period of not more than four years.
(Article 69-13 of the Customs Law, Article 62-17 of the Order for Enforcement of the Customs Law)

Existing applications are renewable.
(* The application form is required to be filled out in Japanese.)

 

1. Ownership of the right has to be proved.
2. The IPR has to be valid.
(In the case of unfair competition, submission of the Written Opinion of the Minister of Economy, Trade and Industry is required.)
3. The IPR has been infringed or is likely to be infringed.
4. Evidence has to be provided to satisfy Customs that there is Prima Facie an infringement of the IPR.
5. Information concerning the goods has to be provided to enable Customs to identify infringing goods.
Yes No
Approval of application

Validity period: 
4 years or less
(Renewable)
Refusal of application

 

1. Ownership of the right has to be proved.
  Right holders and certain registered exclusive licensees are qualified for lodging an application.

Applications may be filed by their proxies such as lawyers or patent attorneys, with “Power of Attorney” issued by right holders, etc.

A transcript of the IPR registry has to be submitted as an evidence of ownership or an exclusive license of the right.

In the case of copyright and neighboring rights which are not registered, the applicant may submit “Declarations concerning the ownership”, instead.

2. The IPR has to be valid
  Applications cannot be lodged until the registration of IPR has been completed with the Japan Patent Office or other responsible government agencies.

For copyright & neighboring rights, the right holders have to submit any proof to demonstrate their ownership of the right. In the case of unfair competition, the applicant has to submit “The Written Opinion of the Minister of Economy, Trade and Industry” to Customs.

3. The IPR has been infringed or is likely to be infringed.
  “Infringed” or “likely to be infringed” covers importation or exportation as well as future possibility of importation or exportation.

4. Evidence has to be provided to satisfy Customs that there is Prima Facie an infringement of the IPR.
  The evidence provided has to satisfy Customs that there is a likely infringement of the IPR. Adequate evidence such as infringing goods, their product catalogue, or photos may be submitted.
Furthermore, in certain cases, it may be required such additional evidence as Judgment Documents, Notice of Provisional Disposition, Advisory Opinions of Japan Patent Office, a written advisory opinions of lawyer, etc.

5. Information concerning the goods has to be provided to enable Customs to identify infringing goods
  Sufficient information has to be submitted to Customs for product identification in Customs inspection.

 

PR activities of the Customs

Ministry of Finance

  • Ministry of Finance Japan