Goods Infringing Intellectual Property Rights

Why Goods May Be Stopped by Customs

Goods suspected of infringing intellectual property rights may be stopped by Japan Customs because such goods may fall under prohibited imports.

The practical reason for the hold is not always that infringement has already been finally confirmed. At the initial stage, Customs may need to check whether the goods are genuine, authorized, independently designed, lawfully distributed or otherwise outside the scope of intellectual property infringement.

Suspicion may arise from the product appearance, brand name, logo, character, design, packaging, invoice description, sales page, price level or commercial route.

Rights holders may file applications for suspension with Japan Customs to protect their intellectual property rights. Where such an application exists, Customs may pay particular attention to goods that appear to fall within the scope of the application.

If Customs finds suspected goods, verification procedures may be initiated to determine whether the goods are intellectual property infringing goods. Detailed handling of rights holder confirmation and Customs hold should be reviewed in the separate article on Rights Holder Confirmation and Customs Hold.

If the goods are determined to infringe intellectual property rights, they may not be imported and may become subject to confiscation, destruction, abandonment, return or other procedures under the applicable Customs framework.