In May 2021, amendments to the Trademark Act and Design Act clarified that the act of overseas businesses importing counterfeit products into Japan via postal services or other means constitutes infringement of trademark and design rights. As a result, amendments to the Customs Act in March 2022 prohibited overseas businesses from importing counterfeits (those infringing on trademark or design rights) into Japan via postal services or other means.
When customs officials discover items suspected to infringe intellectual property rights (IPR), they conduct procedures (certification procedures) to determine whether those items indeed infringe IPR.
Upon initiating the certification procedures, importers will be formally notified in writing. Additionally, if importers contest that the items do not infringe IPR, they are required to submit documents supporting their claim. If it is determined that the items do not constitute IPR infringement, the importation of the goods will be permitted.
Goods infringing IPR are items that violate trademark rights, design rights, patent rights, and copyrights, as well as items that contravene the Unfair Competition Prevention Act. As with firearms and narcotics, importation of goods infringing IPR is prohibited by law. It includes imitations crafted to resemble genuine products by mimicking brand marks, brand names, characters, and product shapes, among others. The range of items varies widely, including bags, wallets, clothing, shoes, smartphone cases, and more.
Even for personal use, items sent from overseas businesses, such as those purchased from online retailers abroad, cannot be imported if they are counterfeits (infringing on trademark or design rights). They will be subject to confiscation by customs. Please be aware that even when purchasing from domestic online retailers, counterfeits may be shipped directly from overseas.
Regarding refunds for the purchase, customs cannot provide assistance. Please direct your inquiries to the online retailer or platform where the purchase was made.
In light of the recent amendments to the Trademark Act, Design Act, and Customs Act, even if enforcement is strengthened, importers without commercial intent will not be subject to penalties. However, counterfeits (those infringing on trademark or design rights) sent via postal services or other means from overseas businesses cannot be imported. If the importer has commercial intent, they will continue to be subject to penalties as before. Penalty: imprisonment for up to 10 years and/or a fine of up to 10 million yen.
Goods infringing IPR are known to have negative impacts on the economy, harming the interests of companies producing and selling genuine products. It is believed that the profits generated from the sale of such products serve as a financial source for criminal organizations. Furthermore, the safety of those products is often not ensured, posing risks to health and safety when used, including items such as pharmaceuticals, cosmetics, batteries, and children’s toys.
［Tekken×Customs]
Protecting, Inheriting Our Lives
More information regarding the
crackdown on goods infringing IPR
Other tasks performed
by Japan Customs
Intellectual Property Center,
Customs Clearance Division,
Tokyo Customs
