| 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» |  | An application form |  | A transcript of the IPR Registry and the IPR Bulletin(*1)(*2) |  | Prima facie evidence of the infringement of your IPR, samples, pictures, etc. (For distinguishing infringing goods from genuine products) |  | 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) |  | 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» |  | Judgment Document, Notice of Provisional Disposition, Advisory Opinion of Japan Patent Office |  | The written opinions of attorneys or patent attorneys |  | Warnings against infringers |  | Documents concerning the dispute about the IPR |  | Documents concerning parallel importing |  | 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).
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