Location:

Procedure

1. Documents required in Application for Suspension
  Applications for suspension shall be lodged with any one of regional Customs Headquarters. Following documents are requested to be submitted to an IPR section of Customs Headquarters which you select.
Documents required in Application for Suspension
«Necessary Documents»
1 An application form
2 A transcript of the IPR Registry and the IPR Bulletin(*1)(*2)
3 Prima facie evidence of the infringement of your IPR, samples, pictures, etc. (For distinguishing infringing goods from genuine products)
4 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 or design rights)
5 Power of attorney (In case the application is lodged by a proxy)

(*1) In the case of copyright or neighboring rights, evidence which explains when the right begins.

(*2)The Written Opinion of the Minister of Economy, Trade and Industry, where the Application for Suspension is concerning unfair competition.
«References»
1 Judgment Document, Notice of Provisional Disposition, Advisory Opinion of Japan Patent Office
2 The written opinions of attorneys or patent attorneys
3 Warnings against infringers
4 Documents concerning the dispute about the IPR
5 Documents concerning parallel importing
6 Any other documents concerning infringing goods
 

 

2. Sections to accept applications
 

IPR sections of 9 Customs Headquarters are responsible for accepting applications for suspension.

Applicants are requested to submit a set of documents concerning the application for suspension to one of these IPR sections.

 

3. Consultation (in Japanese Only)
  For quick procedures, you may consult with one of Customs IPR sections before lodging an application for suspension.

In the consultation, following documents are requested to be shared.  
a. A transcript of the IPR Registry and the IPR Bulletin or the Written Opinion of the Minister of Economy,  Trade and Industry (For confirmation of the IPR)
b. Infringing goods, catalogs and pictures, etc. (For the fact of an infringement)
c. Genuine products (For product identification)
d. Other related documents (documents concerning parallel importation, etc.), etc.

We will check whether your documents meet requirements, and illustrate how to fill out the application form and prepare related documents.

Please make an appointment before a visit (Japanese only).

 

 

 

 

PR activities of the Customs

Ministry of Finance

  • Ministry of Finance Japan