Counterfeit Goods — Identification Procedures and Practical Response in Import Customs Clearance
Interlink編集部What Are Counterfeit Goods?
Counterfeit goods are products that imitate brand names, logos, marks, designs, characters, product shapes, packaging, or labeling without authorization, making them appear genuine.
They are commonly referred to as copy products, fake branded items, pirated goods, or imitation products. In import operations, counterfeit goods are treated not merely as poor-quality or low-cost imitations, but as cargo that may infringe intellectual property rights such as trademark rights, design rights, and copyrights.
If customs suspects the cargo to be counterfeit goods, import declarations may not be approved as is, potentially leading to customs holds, document inquiries, certification procedures, import suspensions, voluntary abandonment, or destruction.
The issue with counterfeit goods is not only whether they look like the genuine article. It is important whether brand markings, character displays, product shapes, packaging, tags, manuals, sales pages, or supply routes may cause consumers or business partners to mistake them for authentic products.
Scope Covered in This Article
This article organizes counterfeit goods as a general introduction to all intellectual property-infringing goods. It clarifies the relationships among Trademark Infringing Goods, Design Right Infringing Goods, Copyright Infringing Goods, character goods, Brand Goods Import, and parallel imports, while covering customs verification, certification procedures, import suspension, and practical points of caution for freight forwarders.
| Item | Content Covered in This Article | Content Covered in More Detail in Other Articles |
|---|---|---|
| Overall Concept of Counterfeit Goods | Explains why cargo imitating brand names, logos, designs, characters, shapes, and similar elements can be problematic in import operations. | Individual infringement determinations are covered in detail in the articles on Trademark Infringing Goods, Design Right Infringing Goods, and Copyright Infringing Goods. |
| Issues Related to Trademark Display | Explains why brand names, logos, marks, and product names are important in judging counterfeit goods. | The Trademark Infringing Goods article covers genuine products, parallel imports, trademark usage licenses, and import suspensions in detail. |
| Issues Related to Appearance and Design | Explains that even without logos, product shapes or external appearance can cause issues. | The Design Right Infringing Goods article covers registered designs, similarity assessments, partial designs, and relationships with replacement parts in detail. |
| Issues Related to Characters and Copyrighted Works | Addresses situations where products featuring characters from animation, manga, movies, games, and similar works become problematic as counterfeit goods. | The Copyright Infringing Goods and Importing Character Goods articles provide detailed coverage of license agreements, licensing documents, and product image verification. |
| Relationship with Brand Goods Import | Clarifies differences between counterfeit goods and genuine brand goods imports. | The Brand Goods Import article details authentic product verification, supply channels, sales certifications, and responses to customs inquiries. |
| Relationship with Parallel Imports | Clarifies that counterfeit goods and parallel imports are different, although insufficient documentation may make parallel imports subject to verification. | The Parallel Import article covers product authenticity, rights holders’ relationships inside and outside the country, and substantial quality equivalence in detail. |
| Certification Procedures | Explains that when customs investigates suspicion of counterfeit goods, importers need to submit documents and decide on responses. | The Certification Procedures article covers notifications, statements of opinion, submission of evidence, non-applicability certification, and responses after applicability certification in detail. |
Why Counterfeit Goods Become an Issue
Counterfeit goods may use brand names, logos, designs, characters, product shapes, and other elements without the rights holder’s permission. Therefore, they cannot simply be treated as “cheap look-alikes,” “products normally sold overseas,” or “small-lot miscellaneous goods.”
Even if an importer believes the products are authentic, if the supply source is unauthorized, the seller’s explanation is insufficient, or the product labeling or appearance constitutes rights infringement, issues may arise at customs clearance.
Furthermore, counterfeit goods may cause consumer confusion, damage brand value, and raise quality and safety concerns. For example, counterfeit pharmaceuticals, fake automotive parts, electrical products, and cosmetics pose potential safety risks that cannot be overlooked.
Types of Cargo Likely to Cause Issues
Counterfeit goods are more likely to cause issues with the following types of products:
- Bags, wallets, clothing, shoes, watches, accessories
- Smartphone cases, earphones, chargers, electrical appliance parts
- Toys, figures, character merchandise, stickers, key holders
- Cosmetics, perfumes, beauty products, health-related items
- Automotive parts, replacement parts, repair parts, parts with logos
- Novelty items, promotional goods, event giveaways
- Furniture, miscellaneous goods, containers, and packaging resembling famous products in appearance
Even if the outward appearance seems ordinary, suspicion of intellectual property infringement may arise from logos, tags, packaging, manuals, model numbers, product photos, or sales pages.
Particularly for products displaying brand names or characters, it is important not only to consider price and quantity, but also to confirm product authenticity, rights holder authorization, and supply routes.
Differences Between Counterfeit Goods and Related Concepts
The term “counterfeit goods” is broad. In practice, it is necessary to clarify which rights are actually involved.
| Category | Mainly Affected Items | Typical Examples | Documents to Check | Practical Notes |
|---|---|---|---|---|
| Counterfeit Goods | Products imitating brand names, logos, shapes, designs, characters, packaging, and similar elements | Fake brand bags, copied clothing, pirated goods, products with similar designs | Product photos, purchase documents, sales pages, license documents, supplier information | It is necessary to first distinguish which rights are in question. |
| Trademark Infringing Goods | Trademark indications such as brand names, logos, marks, and product names | Fake bags with famous brand logos, unauthorized logo-printed smartphone cases | Proof of genuine purchase, retailer certificates, trademark use licenses, genuine product documents | Distinguishing genuine products from parallel imports is often an issue. |
| Design Right Infringing Goods | Product shape, appearance, design, patterns, and partial appearance | Products similar to famous furniture, imitation replacement parts resembling originals, distinctive container designs | Product photos, drawings, specifications, comparison documents with registered designs | Even without logos, similar appearance may lead to issues. |
| Copyright Infringing Goods | Illustrations, images, text, music, video, software, and character expressions | Pirated DVDs, unauthorized copied software, unauthorized printed character goods | License agreements, usage permission documents, product images, sales authorization documents | Not only the product but also backing cards, tags, and images on sales pages should be checked. |
| Brand Goods Import | Authenticity of foreign brand goods, purchase routes, and sales authority | Genuine bags, watches, clothing, cosmetics | Authorized dealer documents, purchase proofs, invoices, purchase contracts | Even genuine items may be subject to verification if purchase routes are inadequately explained. |
| Parallel Import | Genuine products imported through routes other than authorized dealer channels | Imports of overseas official distribution products from non-authorized Japanese dealers | Genuine product documents, overseas distribution data, purchase routes, quality equivalence proofs | Not counterfeit, but customs confirmation may be needed if documentation is insufficient. |
Counterfeit Goods and Trademark Infringing Goods
Trademark infringing goods refer to products using brand names, logos, marks, product names, and similar trademark indications without the permission of the trademark owner.
Fake brand bags, copied clothing with brand logos, and smartphone cases bearing famous brand names without permission are counterfeit goods and may also be trademark infringing goods.
The term counterfeit goods is broad, but Trademark Infringing Goods specifically focuses on trademark indications. If brand names or logos are displayed, it is necessary to first check for potential trademark infringement.
Counterfeit Goods and Design Right Infringing Goods
Design right infringing goods are products whose shape, appearance, design, or patterns may be identical or similar to registered designs.
Even without logos or brand names, if the product's appearance itself resembles a registered design, it could be an issue as a design right infringing product.
Examples include products resembling famous furniture, products resembling popular home appliances, imitation replacement parts, and products copying distinctive container designs.
Counterfeit Goods and Copyright Infringing Goods
Copyright infringing goods are products that reproduce, use, display, or sell copyrighted works without the copyright owner's permission.
In import operations, pirated DVDs, unauthorized copied software, products using characters from anime, manga, movies, or games without permission, and unauthorized printed illustration goods can become problems.
For character goods, not only the product itself but also packaging, tags, manuals, backing cards, and images used on sales pages may need to be checked.
Difference Between Counterfeit Goods and Parallel Imports
Counterfeit goods and parallel imports are terms often confused in practice.
Counterfeit goods are fakes or rights-infringing goods made without the rights holder's permission. In contrast, parallel imports are transactions importing genuine products that circulate abroad but come via different routes from authorized Japanese dealers.
However, even for parallel imports, if the authenticity, rights relationships between overseas and Japan, substantial quality sameness, and purchase routes cannot be explained, customs may request verification.
Therefore, importers need to prepare documents that explain not only the "authenticity" but also that the products were "legally obtained" and that "importing and selling them in Japan is unlikely to be considered trademark infringement."
Common Misunderstandings
In the import of counterfeit goods, there can be a large gap between explanations that cargo owners treat lightly and the explanations required by customs and customs clearance practices.
| Common Misconceptions | Actual Perspective | Practical Points to Note |
|---|---|---|
| It's fine because it was normally sold overseas | The fact that it is sold overseas is a different matter from whether it can be imported into Japan. | You need materials not only proving distribution in the selling country, but also documentation of the rights holder’s permission or explanation of authorized distribution. |
| “Authentic” written on the sales page is enough | The seller’s indication alone may be insufficient proof of authenticity or legitimate procurement. | Check official retailer documentation, purchase proofs, supplier information, and relationships with the rights holder. |
| Small quantities will not cause issues at customs | Even small quantities may be subject to inspection if there is suspicion of intellectual property infringement. | Be careful with branded goods or character products, even in personal use, small shipments, or overseas online purchases. |
| If there’s no logo, it’s not a counterfeit | Even without a logo, the product’s shape or appearance may resemble a registered design. | If there is suspected design right infringement, you will need product photos, drawings, and comparison materials with registered designs. |
| I heard it’s genuine, so it can clear customs | It is important to be able to explain with objective documentation, not just the importer’s belief. | Request proof materials from your supplier early and prepare to meet submission deadlines. |
| Removing packaging or tags allows import | Correction of markings may resolve issues in some cases, but this is not always permitted. | Check customs rulings, rights holder responses, product nature, and the possibility of correction. |
| If the forwarder says it’s okay, customs will clear it | Forwarders are not the final arbiters of rights infringement. | Forwarders should focus on gathering documents, coordinating with customs brokers, managing deadlines, and explaining cost and risk. |
Reasons for Customs Detainment
Goods that infringe intellectual property rights may fall under cargo prohibited from import. Therefore, if customs suspects counterfeit goods, the cargo may not be permitted entry and may proceed to verification and certification procedures.
Even if the shipper explains that the goods were “purchased overseas,” “heard to be genuine from the seller,” or “a small quantity so no problem,” this does not guarantee customs clearance. It is important to demonstrate authenticity, permission from the rights holder, and explain the procurement routes.
Import Suspension and Certification Procedures
If customs judges that there is a risk the goods infringe intellectual property rights, a certification procedure may be initiated.
The certification procedure is a process where customs decides if the suspected infringing goods actually qualify as intellectual property-infringing goods. When this procedure starts, the importer will be notified and required to submit opinions and evidence within a deadline.
As a result, if the goods are certified as non-infringing, import approval proceeds. On the other hand, if the goods are certified as infringing, issues such as disposal, voluntary abandonment, obtaining import consent from the rights holder, or removal/modification of markings may arise.
If the case goes into a certification procedure due to suspicion of counterfeit goods, the importer needs to compile documents within the deadline to support that the goods are “genuine,” “authorized by the rights holder,” or “do not constitute rights infringement.”
Practical Workflow
| Stage | Main Items to Confirm | Common Causes of Detainment | Practical Response |
|---|---|---|---|
| Before Procurement | Check rights regarding brand name, logo, character, design, shape | Deciding something is genuine based only on overseas seller’s explanation | Verify legitimacy of supplier, relationship with rights holder, and existence of usage permission. |
| Before Import Arrangement | Product photos, sales page, supplier info, price, quantity, sales purpose | Invoice item names are vague, making actual markings or appearance unclear | Collect product images, model numbers, brand labeling, tags, and packaging information in advance. |
| At Customs Declaration | Authenticity, usage permission, procurement route, product appearance, rights relationships | Insufficient documents proving authorized procurement or permissions | Share documentation with customs broker and prepare for customs inquiries. |
| At Customs Inquiry | Invoice, purchase proof, sales page, product photos, permission documents | Difficulty contacting supplier and delays in obtaining documents | Inform importer of response deadlines and prioritize collection of necessary documents. |
| When Certification Procedure Starts | Importer decides whether to submit opinion letter and evidence by deadline | Importer does not understand the infringement issues and deadline is approaching | Coordinate with customs broker and, if needed, specialists to organize submission strategy. |
| If Found Infringing | Disposal, voluntary abandonment, consent from rights holder, correction measures, possible return | Storage fees, disposal costs, impact on sales plan, and cost burden with shipper become problematic | Organize costs, deadlines, disposal method, and explanation to stakeholders. |
Required Documentation
If an inspection is triggered by suspicion of counterfeit goods, the following materials may be required:
- Invoice showing legitimate procurement
- Proof of purchase, order history, payment records
- Contracts or master agreements with suppliers
- Purchase documents from authorized dealers or official retailers
- Permission documents from rights holders or authorized agents
- Licensing contracts or usage authorization letters
- Product photos, package photos, tag and label photos
- Product catalogs, model number materials, specifications, drawings
- Sales pages, product description pages, published images
- Supplier company information and documents proving sales authority
These documents are used not simply to show that something "looks genuine," but to explain that it does not constitute a rights infringement, is a genuine product, has the rights holder’s approval, or is distributed through lawful channels.
Sales pages and order histories alone may be insufficient. It is necessary to comprehensively verify the legitimacy of the supplier, the relationship with the rights holder, product labeling, price validity, sales area, and scope of licensed use.
Points Freight Forwarders Should Confirm
Freight forwarders are not in a position to make the final judgment on whether cargo is counterfeit. However, for cargo bearing brand names, logos, characters, special designs, or markings similar to genuine products, forwarders should encourage the shipper to verify the following:
- Whether the product was sourced as a genuine item
- Whether it was procured from the rights holder or an authorized dealer
- Whether permission has been granted to use the brand name or logo
- Whether the rights to use the character or design have been authorized
- Whether there are any irregularities in product images, sales pages, or catalogs
- Whether the product names on the invoice are too vague
- Whether the purchase price is not extremely low compared to the market price
- Whether there are any irregularities in the intended sales purpose, quantity, or repeated imports
If customs requests verification, the forwarder collects documents from the shipper and promptly shares them with the customs broker. However, forwarders should avoid definitively stating as the importer’s agent that the cargo is “not counterfeit” or “does not infringe rights.”
The forwarder’s role involves fact-checking, document collection, coordinating with customs brokers, deadline management, and explaining risks such as storage fees or disposal costs.
Scope of Forwarder Involvement
| Party | Main Role | What They Can Do | What They Should Not Do | Practical Notes |
|---|---|---|---|---|
| Importer | Purchasing cargo, import declaration, document submission, bearing costs | Explain documents verifying genuine products, permissions, procurement routes, and sales purposes | Explain simply “no problem” without documents | In certification procedures, judgments and evidence submission within deadlines are critical. |
| Freight Forwarder | Transport arrangements, verification with cargo owner, document collection, coordination | Organize cargo information, relay information between customs brokers and cargo owners | Legally determine whether rights infringement has occurred | Early confirmation requests and deadline management are essential for suspicious cargo. |
| Customs Broker | Import declaration, customs inquiry responses, document preparation | Convey customs inquiries to the importer and organize submission documents | Give definitive explanations without sufficient documents | Unclear descriptions of product names, model numbers, brand labels, or usage prolong inquiries. |
| Customs | Determines whether items constitute intellectual property infringements and handles procedures | Conduct certification procedures and decide import eligibility | Cannot guarantee legality of all cargo based solely on importer consultations | Judgments are based on products, documents, and rights holder information. |
| Rights Holder / Authorized Dealer | Verifies rights such as trademarks, designs, copyrights | Involved in permissions, consents, authentic product confirmation, and infringement claims | Should not be expected to respond promptly to all import cases | Delayed responses increase storage fees and delivery delays. |
Decision Checklist
| Situation | Party to Confirm | Check Items | Actions if Issues Are Found |
|---|---|---|---|
| When Asked About Procurement | Importer | Presence of brand names, logos, characters, designs, and shapes | Request submission of product photos, sales pages, and supplier information. |
| For Overseas EC Procurement | Importer / Supplier | Whether the seller is an authorized dealer and whether the sales page has irregularities | Verify not only the sales page but also documentation proving sales authorization. |
| When Importing Brand Goods | Importer | Authenticity, procurement route, relationship with authorized dealers or rights holders | Request proof of purchase, legitimate procurement documents, and permission evidence. |
| When Importing Character Goods | Importer / Supplier | Permission to use characters, licensing contracts, sales region restrictions | If no license documents are available, explain risks before customs clearance. |
| For Similar-Design Products Without Logos | Importer | Whether appearance, shape, or design closely resemble existing products or registered designs | Organize product photos, drawings, specifications, and comparative materials. |
| When Customs Inquiries Are Made | Customs Broker / Importer | Inquiry details, response deadlines, necessary documents, cargo storage location | Clarify response deadlines and prioritize document collection. |
| When Certification Procedures Begin | Importer / Customs Broker | Whether to submit written opinions or evidence, or consider voluntary abandonment | Consult experts if needed and decide on a course of action within deadlines. |
| If There Is a High Possibility of Infringement | Importer | Disposal, voluntary abandonment, obtaining consent letters, corrections, return availability, cost bearing | Organize storage fees, disposal costs, delivery delays, and sales channel responses. |
Why Caution Is Necessary Even for Small Shipments and Overseas Online Purchases
Counterfeit goods create issues not only in commercial imports but also with overseas online orders and small shipments. Even if for personal use, counterfeit goods sent from overseas businesses into Japan may be treated by customs as goods that cannot be imported.
In cross-border e-commerce, importers may not fully understand the actual status of sellers or their supply routes. Therefore, even for small quantity shipments, if handling brand-name products, character merchandise, logo-emblazoned goods, replacement parts, or counterfeit products, prior verification should be conducted.
Common Practical Issues
| Case | Reasons Issues May Arise | Documents to Check | Forwarder's Response |
|---|---|---|---|
| Brand logo bags purchased via overseas e-commerce | Even if the sales page states the item is authentic, it may be unclear whether the seller is an authorized retailer. | Proof of purchase, authorized dealer documents, supplier information, product photos | Explain that the sales page alone may be insufficient and request additional documentation. |
| Character-themed goods and stickers | Even in small quantities, if there is no character usage license, copyright infringement may be suspected. | License agreements, permission letters, product images, sales authorization documents | Verify presence of permission documents and share them with the customs broker before clearance. |
| Furniture with similar designs but no logos | Even without logos, appearance or shapes could resemble registered designs. | Product photos, drawings, specifications, sales pages, comparison materials | Do not assume "no logo = no problem" and encourage confirmation of appearance. |
| Smartphone cases with brand names | Even inexpensive accessories with brand logos or character displays may cause issues. | Trademark licensing, product photos, supplier information, sales pages | Do not rely solely on invoice item descriptions; verify actual markings on the goods. |
| Auto parts and replacement parts resembling genuine products | Trademark markings, design, packaging, and model indication may cause problems. | Manufacturer documents, proof of purchase, model number data, product photos, permission documents | Clarify whether the product is genuine or compatible, and check risk of misrepresentation in markings. |
| Event novelty items | Even if for distribution purposes, unauthorized use of brand logos or characters may occur. | Permission letters, purchase orders, design approval materials, product sample images | Do not assume safety based solely on non-sale intentions; verify usage rights. |
| Counterfeit DVDs and unauthorized replicated software | Import itself may be problematic as unauthorized reproductions of copyrighted works. | Authorized sales documents, license documents, proof of purchase, product photos | Check product content and explain risks prior to customs clearance if doubts arise. |
| Extremely cheap cosmetics and perfumes | May involve counterfeit brand products, labeling deficiencies, safety concerns, and regulatory compliance issues. | Authorized purchase documents, product ingredient data, label photos, sales permission documents | Convey that not only intellectual property but also domestic regulatory compliance must be confirmed. |
Practical Scenario 1: Suspected Counterfeit Brand Products from Overseas E-commerce
There are cases where importers purchase bags or wallets with brand logos from overseas e-commerce sites and intend to sell them domestically in Japan.
Although the sales page mentions "authentic" or "genuine," it may be unclear whether the seller is an authorized retailer. During customs clearance, customs may request verification, and if the importer only submits screenshots of the sales page, explanations regarding authenticity and authorized distribution may be insufficient.
In such cases, risks include customs clearance delays, certification procedures, storage fees, sales schedule delays, and disposal costs. Importers need to prepare proof of purchase, supplier information, authorized dealer documents, and materials demonstrating relationships with rights holders as early as possible.
Practical Scenario 2: Character Goods Suspected of Copyright Infringement
Importers may purchase anime character stickers, keychains, and merchandise from overseas manufacturers.
Even if the quantities are small, when importing for sales, character usage permissions or license documentation may be examined. An importer’s explanation that the item "was normally sold overseas" alone is usually insufficient as evidence of rights holder authorization.
In such cases, submission of permission letters, authorized sales certificates, supplier information, sales pages, and product images may be required. Forwarders should avoid making definitive judgments on rights and should encourage shippers to prepare documents and share inquiry details with customs brokers.
Practical Scenario 3: No Logo but Suspected Design Imitation
Importers may bring in furniture, home appliances, smartphone accessories, or replacement parts without logos.
Even if no brand name is displayed, if the appearance resembles well-known products or registered designs, there may be suspicions of design right infringement. An importer’s explanation that "there is no logo, so it is not a problem" is insufficient because design rights concern the appearance itself.
In these cases, product photos, specifications, drawings, sales pages, and comparison materials with registered designs may be required. It is necessary to check not only for logos but also for the overall appearance, shape, pattern, component composition, and packaging.
Costs and Decisions When Importation Is Stopped
If clearance is halted due to suspected counterfeit goods, the cargo remains on hold. During this period, issues such as storage fees, inspection attendance fees, document preparation costs, translation fees, disposal costs, and fees for confirming whether return shipment is possible may arise.
If the certification procedure results in a decision not to allow import, the importer will need to consider voluntary abandonment, disposal, obtaining consent from rights holders, or corrective measures.
However, counterfeit goods are not always simply resolved by removing logos, changing packaging, or returning shipments. Conclusions depend on the nature of the product, responses from rights holders, customs decisions, feasibility of corrections, return shipment possibility, and storage costs.
Freight forwarders and customs brokers are in a position to organize and communicate the status of procedures, deadlines, and possible costs on behalf of importers, rather than making judgments regarding rights issues themselves.
Role Division Within the Series
This article, "Counterfeit Goods," serves as an overview and hub article covering all intellectual property-infringing goods.
"Trademark Infringing Goods" focuses on cargo where trademark indications such as brand names, logos, and marks are problematic.
"Design Right Infringing Goods" focuses on whether the shape, appearance, design, or pattern of a product is similar to a registered design.
"Copyright Infringing Goods" centers on unauthorized use of works such as copyrighted materials, characters, images, text, music, and software.
"Brand Goods Import" broadly covers authenticity, procurement routes, parallel imports, and customs clearance checks for overseas brand items.
"Parallel Import" handles the decision criteria when importing genuine products via routes different from official distributor channels.
"Importing Character Goods" deals with rights verification for products using anime, manga, movies, games, corporate characters, and similar.
Practical Notes
Cargo suspected to be counterfeit may lead not only to customs clearance delays but also import suspension, certification procedures, disposal, return feasibility, sales plan delays, and disputes with business partners.
Freight forwarders should avoid definitively concluding rights infringement; instead, they should prompt shippers to confirm suspicions and organize documentation before customs clearance.
Extra caution is necessary particularly with first-time transactions, overseas e-commerce sourcing, extremely low-priced brand goods, logo-bearing miscellaneous items, character goods, authentic-appearing parts, and highly designed products.
If suspicions arise, it is required to share information early with customs brokers and explain to importers the risks related to required documents, response deadlines, storage fees, disposal costs, and other potential expenses.
Summary
Counterfeit goods are not merely copy products in import operations; they are intellectual property-infringing goods that may be stopped by customs at entry.
Depending on whether trademark rights, design rights, copyright, or other rights are involved, the required documents and decision criteria differ. Importers need to prepare documentation explaining authenticity, rights holder permissions, procurement channels, product markings, appearance, and sales intent.
Freight forwarders are not the final decision-makers, but when there are irregularities in the cargo contents, markings, or procurement routes, they play a role in confirming with shippers, collecting documents, coordinating with customs brokers, managing deadlines, and explaining cost risks.
Counterfeit goods are a critical issue that forms the entry point to the entire intellectual property/counterfeit countermeasure category, making rights verification and documentation preparation before procurement the most important preventive measures.
