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Japan：Customs Formalities

Expansion of simplified procedures at customs effective October 1, 2023

2024-03-29

In the procedures for the recognition of IP infringing goods, shipments related to utility model rights, design rights, and protected trade secrets for which an import injunction is filed are newly subject to the simplified procedures. As a result, all intellectual property subject to import injunction petitions are now subject to the simplified procedures.

Under the simplified procedure, if the importer does not disapute whether or not the goods are infringing, the applicability of the infringement will be determined without requiring the right holder or importer to submit evidence or opinions.

Intellectual property rights subject to the simplified procedure in the procedure for recognition of infringing parts at customs are as follows.
Trademark rights
Copyrights and neighboring rights
Patent rights
Utility model rights
Design rights
Breeder's rights
Circuit layout exploitation rights (limited to cases of importation)
Unfair Competition Prevention Act (goods that constitute acts of unfair competition that infringe business interests)