CONTENTS
CONTACTOSAKA
HEAD OFFICE

DAIWA MINAMIMORIMACHI BLDG.,
2-6, 2-CHOME-KITA, TENJINBASHI,
KITA-KU,OSAKA 530-0041 JAPAN
TEL:+81-6-6351-4384
(Main Number)
FAX:+81-6-6351-5664
(Main Number)
E-Mail:

TOKYO
HEAD OFFICE

WORLD TRADE CENTER BLDG. 21F,
2-4-1, HAMAMATSU- CHO, MINATO-KU,
TOKYO 105-6121,JAPAN
TEL:+81-3-3433-5810
(Main Number)
FAX:+81-3-3433-5281
(Main Number)
E-Mail:


HIROSHIMA
OFFICE

NOMURA REAL ESTATE HIROSHIMA BLDG. 4F, 2-23 TATEMACHI, NAKA-KU, HIROSHIMA CITY, HIROSHIMA 730-0032, JAPAN
TEL:+81-82-545-3680
(Main Number)
FAX:+81-82-243-4130
(Main Number)
E-Mail:


The trademark of HARAKENZO is based on a global map including lands each of which has a size corresponding to the number of patents registered in 1991.
Privacy policy

Anti-Counterfeiting Support Station
Chief of the Anti-Counterfeiting S.S. Yuki YAMAZAKI
Head of the Tokyo Legal Division Kenjiro FUJITA
Representative of Hiroshima Office Shinji IMANO
TEL
FAX
E-mail
: + 81-6-6351-4384
: + 81-6-6351-5664
:

What is the import suspension system?

The import suspension system is such a system that owners of patent rights, unity model rights, design rights, trademark rights, copyrights, copyrights-related rights or breeder’s rights or those who request an injunction of unfair competition are entitled to make an appeal to the Customs director for taking the procedure of suspending the import of the product and determining whether the product constitutes infringement, in case where the infringing products are to be imported (Article 69-13 of the Customs Law).
Among the intellectual property rights, circuit layout rights are not applicable to the import suspension, however, the owners can provide Customs with information so as to suspend the products at Customs.
* The term “those who request an injunction of unfair competition” corresponds to owners of the right (Article 3 of the Unfair Competition Prevention Law) to suspend inducing confusion, arrogating marks, and imitating configuration (Article 2, paragraph 1, item 1, 2, and 3 of the Unfair Competition Prevention Law).

Requirements for filing import suspension

1. Right holder (including those who posses intellectual property rights or requests an injunction of unfair competition)
Those who are entitled to appeal for import suspension are confined to a right holder, an exclusive licensee, an owner of a right of exclusive use, and an owner of a right of exclusive utilization. Identification of the right holder, the exclusive licensee, and the like is carried out by checking the register.
In addition, the right holder can delegate the procedures for filing to a lawyer or a patent attorney.

2. Request with regard to effective rights
A right registered with Patent Office or the like is considered as being effective (excluding copyright and copyright-related right), therefore, one in process of applying for registration is not applicable to the filing.
Those who request an injunction of unfair competition is expected to ask the Minister of Economy, Trade and Industry for a comment on the product, which is an article or a mark stated in Article 2, paragraph 1, item 1, 2, and 3 of the Unfair Competition Prevention Law, as being widely-recognized in the market, and to submit the written comment to Customs.

3. Fact of infringement
The term “fact of infringement” includes not only a case of infringing products having been imported into Japan, but also a case of those having a potential to be imported into Japan.

4. Proof of fact of infringement
Presentation of the infringing product, catalogs and pictures thereof is required to prove the fact of infringement.
Further, in case where the presentation of the infringing product, the catalogs, or the like does not fulfill the proof, submission of either one of the following documents which demonstrate the infringement is required.
∙ a court-issued decision document or provisional disposition determination
∙ a written determination issued from Patent Office
∙ a written expert opinion prepared by a lawyer or a patent attorney
The written determination is regarded as more important than the written expert opinion.

5. Capability of identifying the infringing product at Customs

Procedures for filing import suspension

When filing the import suspension, application for filing and associated documents in accordance with Customs’ form have to be submitted to an intellectual property examiner in operation department of each custom.
Customs include 9 blocks of jurisdiction as Hakodate, Tokyo, Yokohama, Nagoya, Osaka, Kobe, Moji, Nagasaki, and Okinawa, and the document is required for the number of customs for which import suspension is appealed. However, the documents can be submitted together to one that has jurisdiction over the area in which those who make the appeal live (in the case of corporation, address of the main office), or the area at which the infringing products are arrived.
There is no charge for filing the import suspension.
Additionally, preliminary consultation with Customs is permitted for purposes of quick filing. The preliminary consultation provides a confirmation related to the filing and an explanation of procedures for filling the application.

Documents required for filing import suspension
(Required documents)
1. application for filing (Customs’ form)
Main entries ∙ Customs director who makes the judgment
∙ details of the right related to the filing
(type of the right, registration number and date of registration, duration of the right, scope of the right, original owner of the right, licensee, and the like)
∙ name of the suspected infringing product
∙ basis for identifying as the infringing product
∙ distinguishing point
∙ information materials that become the basis for license fee
∙ desired period of effectiveness of the filing (within 2 years)
∙ prospective importer
2. copy of the register, publication (in the case of copyright or copyright-related right, materials that indicate the occurrence of the right; in the case of those who request an injunction of unfair competition, a written opinion of the Minister of Economy, Trade and Industry)
3.documents, samples, and pictures that proves the fact of infringement
4. calculation materials of Customs clearance charge (only in the case of patent right, unity model right, and design right)
5. letter of proxy (in the case of filing with proxy)
(Reference)
1. decision document, provisional disposition determination, written determination
2. written expert opinion prepared by a lawyer or a patent attorney
3. warning letter
4. relevant documents of dispute
5. relevant documents of parallel import
6. other documents related to the infringing product

Course of import suspension


(1) Determination procedures
Determination procedures are conducted by Customs to determine whether cargoes with import declaration or international postal matters constitute infringement of intellectual property rights.
In case where the determination procedures proceed, the right holder and the importer are informed by letter from the intellectual property examiner or person in charge in Customs. In addition to the notice, the right holder is informed the name and the address of the importer, person of provenance, and producer. Likewise, the importer is informed those of the right holder.
Each of the right holder and the importer submits an opinion and evidences to Customs within a certain period. Based on the opinions and evidences, the intellectual property examiner or person in charge determines whether the cargo or the like constitutes infringement of intellectual property rights. The right holder and the importer are informed the judgment and the reason by letter.
The determination procedures require approximately a month from the start at earliest. It is possibly prolonged when the right holder and the importer have conflicting opinions.

(2) Request for canceling the determination procedures
The importer is entitled to request Customs to cancel the determination procedures after 10 workdays from the following day of the date as postmarked on the notification indicative of the start of the procedures (20 workdays if prolonged. In the case of inquiring of Commissioner of Patents, 10 days from the arrival of the Patent Office’s reply).
In this case, Customs gives order to the importer to deposit a clearance charge as a guarantee for the damage to the right holder when the infringement is confirmed.

Actual performance of import suspension by country (region) of provenance

  2006 2007 2008 2009 2010 Compared
with the
previous
year
Composition
ratio

China

9,440

16,116

21,529

18,893

20,996

111.1%

90.4%

South Korea

8,720

4,527

3,287

1,480

574

38.8%

2.5%

Hong Kong

424

735

660

458

558

121.8%

2.4%

The Philippines

445

472

308

403

488

121.1%

2.1%

Thailand

343

572

356

392

313

79.8%

1.3%

Taiwan

20

28

31

35

68

194.3%

0.3%

The United States

52

37

62

75

55

73.3%

0.2%

Vietnam

44

51

32

22

36

163.6%

0.2%

Turkey

35

4

10

2

24

1200.0%

0.1%

Indonesia

10

22

16

16

19

118.8%

0.1%

Country other than the above

58

97

124

117

102

87.2%

0.4%

Total

19,591

22,661

26,415

21,893

23,233

106.1%

100%




Actual performance of import suspension by intellectual property
  2006 2007 2008 2009 2010 Compared
with the
previous
year
Composition
ratio

China

452,216

694,299

699,533

847,650

515,573

60.8%

81.7%

South Korea

68,727

107,950

37,836

38,711

38,724

100.0%

6.1%

Hong Kong

384,173

165,180

109,490

76,859

30,360

39.5%

4.8%

Thailand

27,798

20,527

21,332

6,104

16,108

263.9%

2.6%

The United States

2,987

476

2,038

4,520

7,488

165.7%

1.2%

Singapore

572

2,733

260

850

7,168

843.3%

1.1%

The Philippines

33,187

24,531

22,177

59,840

4,980

8.3%

0.8%

Taiwan

587

1,506

37,136

4,817

3,096

64.3%

0.5%

Macau

2

7

1,433

1,257

2,625

208.8%

0.4%

Malaysia

67

58

342

340

2,120

623.5%

0.3%

Country other than the above

8,908

22,091

12,464

3,074

2,446

79.6%

0.4%

Total

979,224

1,039,358

944,041

1,044,022

630,688

60.4%

100%




Export suspension system

The same system as import suspension has been introduced according to the law amendment in 2006.
The intended products are those infringing breeder’s right, those constituting an act under Article 2, paragraph 1, 2, and 3 of the Unfair Competition Prevention Law, and those infringing patent rights, unity model rights, design rights, and trademark rights.
It should be noted that copyrights and copyrights-related rights are not applicable to the export suspension.
Also, circuit layout rights are not applicable to the export suspension, as the import suspension.



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