制作・著作
Our office information and patent related news are as follows.
A revision in the Japanese Design Law and Japanese Trademark Law were made in May 2021, making it illegal for foreign businesses to bring counterfeit products into Japan.
Specifically, Article 2, Paragraph 7 of the Trademark Law, it will be specified that "In this law, the act of importing shall include the act of having a person in a foreign country bring it into Japan from a foreign country using another person.".
Similar provisions are provided in the Design Law.
Before this revision, the act of importing a counterfeit product using a registered design/trademark as a business is regarded as an infringement of design rights or trademark rights. If the counterfeit product is sold to an individual through a Japanese importer, the importer's act of importing or selling to the individual is considered as an infringement of intellectual property rights, and an injunction or compensation for damages can be requested. In addition, an import injunction at customs can be made as an intellectual property rights infringing goods.
In this revision of the Laws, the act of an overseas business operator bringing a counterfeit product into Japan by postal service or other means is regarded as an infringement of design/ trademark rights in Japan. Even if the importer is supposed to purchase it for personal use, customs can suspend the import as an intellectual property right infringing product.
However, we would like to point out it is still the infringing entity is "a person in a foreign country", not an individual in Japan. Therefore, in the case of imports from overseas individuals, it cannot be legally regulated, and in the case of a trial, the defendant becomes a "person overseas", so it is difficult to actually file a proceeding.
We are always here to support any issues for the intellectual property business, including design application, registration procedures or resolving troubles such as import suspension at customs. Hoping to work with you in the near future.
Further, we assist you with the filing of your patents, utility models and trademarks as well as with rights management in Japan, China and Korea. Please feel free to contact us.