Design Right Infringing Goods — Import Customs Identification Procedures and Checks

What Are Design Right Infringing Goods?

Design right infringing goods refer to products whose shape, appearance, design, pattern, or decoration may be identical or similar to a registered design.

In import logistics practice, this issue can arise with items such as furniture, home appliances, miscellaneous goods, bags, lighting fixtures, smartphone accessories, containers, industrial parts, and replacement parts.

Unlike trademark-infringing goods, these products may not necessarily have brand names or logos attached. Even if there are no logos or brand marks at all, if the appearance of a product itself is similar to a registered design, it could potentially be treated as design right infringing goods.

Therefore, design right infringement is often difficult to judge based on appearance alone, and product photos, drawings, specifications, and comparison materials with registered designs tend to be crucial for customs clearance.

This article summarizes the meaning of design right infringing goods, their differences from trademark-infringing goods, relationships to counterfeit products, key points checked during customs clearance, certification procedures, import injunctions, and practical notes for freight forwarders.

Scope Covered in This Article

Item	Contents Covered in This Article	Contents Covered in Other Articles in Detail
Basics of Design Right Infringing Goods	Cargo with product shapes, appearance, designs, patterns, or decorations that may be similar to registered designs.	Explanations of the broader intellectual property infringement system are covered in articles on import injunctions and certification procedures.
Differences from Trademark-Infringing Goods	Focuses on the issue where the product appearance itself, not logos or brand names, is the problem.	Cargo with trademark displays such as brand names, logos, or marks are covered in the "Trademark-Infringing Goods" article.
Relationship to Counterfeit Goods	Addresses relationships among appearance imitations, copy products, similar goods, and design right infringing goods.	Broader categorization of counterfeit, copy, and similar products is treated in the "Counterfeit Goods" article.
Relationship to Brand Products Import	Deals with cases where the appearance or design is problematic even without brand indications.	General issues of authenticity, procurement routes, and parallel imports of brand products are covered in the "Brand Products Import" article.
Design Right Specific Issues	Includes registered designs, similarity of appearance, partial designs, related designs, functional shapes, and replacement parts.	Final infringement judgments and legal evaluations of registered designs should be checked by importers, rights holders, or specialists.
Documents Verified During Customs Clearance	Product photos, catalogs, sales pages, drawings, specifications, samples, and comparison materials with registered designs.	Basic customs clearance documents such as invoices, packing lists, B/L, AWB are covered in the pre-declaration confirmation article.
Certification Procedures	Import injunctions, certification procedures, submission of opinions and evidence when there is suspicion of design right infringement.	Preparation of opinion letters, negotiations with rights holders, and legal claims of non-infringement are handled by importers and specialists.
Freight Forwarder Response	Collection of documents, cooperation with customs brokers, deadline management, explanations of risks for storage fees and disposal costs.	Final infringement judgments, voluntary abandonment, disposal, and obtaining rights-holder consent are handled by importers.

Division of Roles Regarding Trademark-Infringing Goods, Counterfeit Goods, and Brand Product Imports

Design right infringing goods may overlap with trademark-infringing goods, counterfeit goods, and brand product imports. However, the main focus of each article differs.

Article	Main Theme	Main Points Checked	Usage in Practice
Trademark-Infringing Goods	Cargo where trademark displays such as brand names, logos, or marks are problematic.	Trademark displays, authenticity, procurement routes, permission documents, customs inquiries.	Referred to when unauthorized use of logos or brand names is an issue.
Counterfeit Goods	Article broadly organizing counterfeit, copy products, similar products, and appearance imitations.	Counterfeit, copies, appearance imitation, logo imitation, unauthorized display.	Used when broadly grasping intellectual property infringing goods.
Brand Product Imports	Authenticity of overseas brand products, procurement routes, customs documents, certification procedures, import injunction risks.	Brand names, model numbers, suppliers, purchase proofs, authorized sale certificates, product photos.	Used as an entry article for checking brand product imports in general.
Design Right Infringing Goods	Whether the product’s appearance, shape, design, pattern, or decoration is similar to a registered design.	Product photos, drawings, specifications, design gazettes, registration numbers, appearance comparison materials.	Referenced when the appearance itself is problematic even without logos.

Differences from Trademark-Infringing Goods

Trademark-infringing goods mainly focus on the unauthorized use of trademark displays such as brand names, logos, marks, or product names.

On the other hand, design right infringing goods relate to whether the product itself in terms of shape, appearance, patterns, decorations, or overall design is similar to a registered design.

Category	Subjects at Issue	Typical Examples	Practical Notes
Trademark-Infringing Goods	Trademark displays such as brand names, logos, marks, product names.	Fake brand bags, clothing with unauthorized logos, copy products with brand names.	Check not only the product itself but also tags, boxes, warranties, and packaging materials for trademark displays.
Design Right Infringing Goods	Product shapes, appearance, designs, patterns, decorations.	Chairs resembling famous furniture, products resembling well-known home appliances in appearance, replacement parts resembling genuine items.	There could be issues even if there are no logos or brand names, as long as appearances are similar.
Goods Infringing Both Trademark and Design Rights	Both logo display and appearance design.	Copy products with brand logos, bags and watches mimicking both appearance and logos.	Check trademark displays and appearance similarities separately.
Logo-less Appearance Imitation Goods	No trademark displays but similar shapes or designs.	Furniture, lighting fixtures, containers, smartphone accessories, replacement parts.	Not having a trademark does not necessarily mean it is safe.

For example, furniture resembling chairs from famous brands, products similar in appearance to well-known electronics, replacement parts imitating genuine products, and items with container designs resembling popular products may need to be checked from the perspective of design rights even if they lack trademark labeling.

Relationship with Counterfeit Goods

Design right infringing goods can overlap with counterfeit goods.

Counterfeit goods broadly refer to fake, copied, or similar products made to resemble someone else's goods or brands.

On the other hand, design right infringing goods are those that may infringe on registered design rights, i.e., rights related to the product's external design.

Category	Main Meaning	Rights / Elements to Check	Practical Notes
Counterfeit Goods	Broadly refers to fake, copied, or similar products resembling others’ goods or brands.	Trademark, design, copyright, appearance imitation, labeling, packaging	This is a broad concept requiring differentiation of which rights are at issue.
Design Right Infringing Goods	Goods that have an identical or similar appearance to registered designs.	Registered designs, visual similarity, partial designs, related designs, functional shapes	Confirm whether the design is registered and whether it falls within the registration scope.
Trademark-Infringing Goods	Goods using brand names or logos without the trademark owner's permission.	Trademark labels, logos, brand names, origin markings	Verification differs from that for design right infringing goods.
Merely Similar Products	Products that look similar but do not necessarily infringe rights.	Existence of registered design, range of similarity, functional shapes, original design	Do not judge solely by impression of "similarity"; checking documentation is necessary.

Not all counterfeit goods qualify as design right infringing goods. It is necessary to check if the design is registered, whether it falls within the scope of registered designs, and the similarity in relation to whole designs, partial designs, or related designs.

Main Points Checked in Design Right Infringement

In design right infringement, judgment cannot be based solely on the impression of "similarity."

In actual logistics practice, the existence of registered designs, applicable goods, scope of design rights, visual similarity, partial designs, related designs, and relationship with functional shapes should be checked.

Point of Issue	Details	Practical Confirmation Materials	Common Causes for Being Held Up
Existence of Registered Design	Whether the rights holder has obtained a design registration for the design	Design gazette, registration numbers, rights holder documents, injunction petition information	Importer has not checked existence of a registered design
Visual Similarity	Whether the imported product’s appearance is identical or similar to the registered design	Product photos, catalogs, sales pages, samples, drawings	Photos are unclear, making visual comparison impossible
Partial Design	Whether a part of the shape or design, not the whole product, is protected	Registered design documents, drawings of the protected parts, product photos	Only the whole product is examined, overlooking protected portions
Related Design	Whether variations similar to the main design are registered as related designs	Related design registration info, design gazette, rights holder materials	Checking only a single registered design and missing related designs
Functional Shape	Whether the shape is functionally necessary or part of the design creation	Specifications, drawings, usage explanations, product comparison materials	Difficulty in determining whether similarity is functional or design imitation
Genuine Parts / Replacement Parts	Whether parts or accessories resembling genuine products infringe design rights	Part drawings, usage explanations, genuine product comparisons, sales pages	Even when explained as repair parts, visual similarity issues may remain

Commonly Problematic Cargo

Cargo often problematic as design right infringing goods includes highly designed items, imitations of popular products, and replacement parts resembling genuine products.

Type of Cargo	Commonly Problematic Appearance / Shape	Items to Check	Notes
Furniture	Distinctive appearance of chairs, tables, storage furniture, lighting furniture, etc.	Product photos, sales pages, dimensions, design descriptions	Even without logos, similarity in appearance may be an issue.
Home Appliances	Main body shape, control panel, display area, exterior design	Specifications, drawings, model numbers, product photos	Separate functional shapes from design elements.
Lighting Fixtures	Shade shape, base, arm, overall silhouette	Catalogs, product photos, design documents	High-design-value products require careful attention.
Smartphone Accessories	Appearance of cases, stands, earphone cases, chargers	Sales pages, product photos, samples, specifications	Invoice product names alone may not clarify appearance.
Bags & Sundries	Shape, fasteners, patterns, decorations, overall design	Main photos, tags, catalogs, sales pages	Appearance imitation can be problematic even without trademark markings.
Containers & Packaging Materials	Bottle, cap, container shape, package design	Container photos, drawings, specifications, sales pages	Some shapes like containers or caps may become problematic.
Industrial Parts & Replacement Parts	Appearance imitating genuine parts, connection points, cover shapes	Part drawings, usage explanations, genuine part comparisons, product photos	Even repair parts require checking for appearance similarity.
Beauty Equipment & Household Goods	Main body shape, handles, control parts, exterior design	Product photos, specifications, usage instructions, sales pages	Be cautious of look-alikes of trending products on SNS or e-commerce sites.
Toys	Shape, non-character appearance design, part shapes	Product photos, samples, drawings, sales pages	Design issues may arise from appearance rather than copyright or trademark.

Special attention is needed for items resembling well-known brand products or popular goods, parts imitating genuine replacement parts, highly designed items, and products trending on SNS or e-commerce platforms.

Design right infringement is not always identifiable by logos like trademarks. Similarity in appearance alone may trigger customs inspections.

Relationship with Partial Designs and Related Designs

Design rights may protect not only the entire product design but also specific parts of a product's design.

For example, rather than the whole bag, only the handle; the entire home appliance vs. just the control panel; or a container vs. only the cap—distinctive parts may be protected.

Category	What to Check	Common Oversights	Practical Response
Complete Design	Whether the overall appearance closely resembles the registered design	May judge by overall impression and overlook details.	Compare overall photos, photos from multiple angles, and registered design documents.
Partial Design	Whether part of the product’s shape or design is protected	The entire product may look different but certain parts could be similar.	Prepare photos or drawings highlighting problematic parts.
Related Design	Whether variations similar to the main design are registered	Relying on only one registered design may lead to a false sense of security.	Need to check including related designs.
Functional Shape	Whether the shape is functionally necessary or part of a creative appearance	“This shape is functionally required” explanations may be insufficient.	Check specifications, drawings, usage explanations, and if alternative shapes exist.

Even if the overall impression of imported products differs, specific parts that resemble registered designs could necessitate checks.

Additionally, multiple designs derived from the same design concept may be registered as related designs. It is important to review related designs together rather than dismissing concerns based on slight differences in only one registered design.

Relationship with Genuine Parts and Replacement Parts

Design right infringement issues also arise with replacement parts or accessories imitating genuine products.

Examples include imported home appliance parts, vehicle parts, smartphone parts, machine parts, and containers that resemble genuine parts in appearance.

Type of Part / Cargo	Reason for Frequent Issues	Reference Materials	Notes
Home Appliance Parts	Exterior covers, control parts, connectors resembling genuine parts	Drawings, usage explanations, genuine part comparisons, specifications	Even repair parts may raise issues due to appearance similarity.
Vehicle Parts	Exterior parts, lamps, grills with similar shapes	Part drawings, installation examples, sales pages, product photos	Differentiate functional parts from design parts.
Smartphone Parts	Cases, exteriors, accessories resembling popular products	Product photos, sales pages, specifications	Since product names may not clarify appearance, photo checks are essential.
Machine Parts	Compatible parts sold with appearance resembling genuine items	Usage explanations, drawings, genuine part comparisons, original design documents	Distinguish between functionally necessary shapes and design similarities.
Container Parts	Caps, bottles, container shapes close to registered designs	Container drawings, product photos, molding documents	Some shapes may be problematic as partial designs.

Importers may explain “This is a replacement part, so it’s not an issue” or “This shape is functionally required.”

However, it is necessary to distinguish between the shape required for functional purposes and the appearance aspects protected as a design. Freight forwarders and customs brokers cannot make this judgment. If there is any doubt, the importer should verify with the rights holder, check the registered design, or consult an expert.

Checkpoints in Customs Clearance

Design right infringement is judged based on appearance, so it cannot be confirmed solely from the invoice or product name.

Verification may be conducted based on product photos, catalogs, sales pages, specifications, drawings, samples, rights holder materials, registered design information, etc.

Checkpoints	Content Verified	Frequently Missing Documents	Practical Notes
Product Appearance	Shape, contour, pattern, decoration, overall impression	Photos from front, side, back, top, and bottom	A single directional photo may not be sufficient for judgment.
Targeted Parts	Parts that may be subject to partial design protection	Close-up photos of the targeted parts, drawings	Sometimes only specific parts, not the entire product, are at issue.
Usage / Item	Whether the registered design’s subject item corresponds to the usage and item of the imported goods	Specifications, usage descriptions, product catalogs	Even similar appearances require verification of the relationship to the subject item.
Registered Design Documents	Registration number, design gazette, rights holder, scope of registration	Registered design information, rights holder documents	Importers may be unaware of rights information.
Original Design Documents	Documents showing that the imported goods are independently designed	Design drawings, development documents, manufacturer explanations	If asserting original design, supporting evidence is required.
Non-Similarity Explanation	How the product differs from the registered design	Comparison tables, photos, drawings, expert opinions	Freight forwarders should avoid independently determining non-similarity.
Licensing Documents	Whether permission for use or import/sale has been obtained from the rights holder	Licensing agreements, contracts, rights holder confirmation documents	Confirm whether the license scope covers the target product and region.

Importers need to be able to explain that the product is independently designed, not similar to a registered design, or that they have permission from the rights holder.

If the invoice product name is vague—such as "parts," "accessory," or "household goods"—confirmation of appearance and usage may be necessary.

Import Suspension and Certification Procedures

If customs judges that the goods may infringe design rights, a certification procedure may be initiated.

The certification procedure is a process where customs determines whether the suspected infringing goods it discovered qualify as intellectual property infringing goods.

When the certification procedure begins, the importer will be notified and must submit opinions and evidence within the deadline.

Stage	Main Content	Importer’s Required Actions	Notes
Detection of Suspected Infringement	Customs identifies goods suspected of infringing design rights	Verify product appearance, registered design, supplier, and licensing documents.	Clearance will be stopped; management of storage fees and response deadlines is necessary.
Initiation of Certification Procedure	Customs notifies importer of the procedure start	Check notification details, response deadline, and required documents.	Timely response is critical.
Submission of Opinions and Evidence	Importer provides materials explaining the goods do not infringe	Prepare product photos, drawings, specifications, comparison with registered design, licensing documents.	If photos are unclear, appearance comparison may be impossible.
Customs Judgment	Customs assesses whether goods are infringing based on submitted materials	Respond to requests for additional materials or explanations.	Freight forwarders and customs brokers are not responsible for the final decision.
Certified as Non-Infringing	May proceed to import approval	Resume customs clearance, unload, and delivery.	Check for any other customs issues remaining.
Certified as Infringing	Handled in a way that prevents import	Consider disposal, voluntary abandonment, obtaining rights holder consent, correction measures, possible return.	Since design right infringement concerns the appearance itself, modifications may be difficult.

With design right infringement cases, product photos, samples, drawings, and comparison materials with registered designs are often crucial.

Practical Workflow

Stage	Main Items for Confirmation	Common Causes of Delays	Practical Measures
Before Purchase	Whether the product resembles a famous or registered design, or if it is independently designed	Judging as a “design product” solely based on overseas seller’s explanation	Check sales pages, product photos, and presence of similar products.
Before Import Arrangement	Product photos, sales pages, specifications, drawings, usage	Invoice only includes product name, so appearance is unclear	Obtain photos or catalogs that show the appearance.
At Customs Declaration	Product appearance, usage, rights holder consent, original design documents	Importer lacks appearance materials or design justification	Share documents with customs broker and check for missing materials.
Upon Customs Inquiry	Photos, catalogs, specifications, explanation of non-similarity to registered designs	Unclear photos preventing confirmation of comparison subjects	Prepare multi-angle photos, drawings, and comparison materials.
At Certification Procedure Start	Importer’s decision on submitting opinion statement and evidence within deadline	Importer does not understand the design right infringement issues and response deadline approaches	Share deadline, required documents, and storage fee risks.
If Determined as Infringing	Disposal, voluntary abandonment, rights holder consent, correction measures, return possibility	Storage fees, disposal costs, impact on sales plans, cost burden discussions with cargo owner	Organize costs and procedural status as importer’s decision items.

Required Documents

When confirmation is requested due to suspected design right infringement, the following materials may be required.

Material	Main Role	Content Verified	Notes
Product Photos	Check appearance, shape, pattern, and decoration	Front, side, back, top, bottom, and problematic parts	A single angle photo may be insufficient.
Product Catalog / Sales Page	Confirm product name, usage, appearance, and sales description	Product description, photos, model number, seller information	Sales pages alone may lack sufficient explanation for non-similarity.
Specifications	Explain usage, dimensions, materials, and structure	Dimensions, materials, functions, usage methods	Serves as supplementary material separating functional shapes from design aspects.
Drawings	Precisely show shape and structure	Shape from various angles, relevant parts, dimensions	May be used for comparison with registered designs.
Sample	Check actual appearance	Three-dimensional shape, texture, design of each part	May be used for appearance confirmation that photos cannot capture.
Designer / Manufacturer Explanation Materials	Explain original design or development history	Design history, development documents, references, differentiation points	Evidence is needed to substantiate claims of original design.
License from Rights Holder	Show permission to use registered design	Subject design, products covered, region, duration, license scope	Confirm whether the license scope extends to the cargo in question.
Comparison Materials with Registered Design	Organize similarities and differences between registered design and imported goods	Design bulletin, registration number, comparison photos, comparison charts	Freight forwarders should avoid independently judging non-similarity.
Supplier Information / Invoice	Explain supply route, product name, quantity, price	Seller, buyer, product name, quantity, price, supplier	Vague product names such as parts or accessories do not clarify appearance.

These materials are used not only to explain product details but also to demonstrate that there is no similarity to the registered design or that permission has been obtained from the rights holder.

In design right infringement cases, photo angles, partial product views, appearance features, and usage are important. It is essential to prepare materials that show not only the entire product but also the specific problematic parts.

Handling in Freight Forwarder Operations

Freight forwarders are not in a position to determine whether design right infringement has occurred.

However, for cargo that resembles well-known products, genuine parts substitutes, goods with ambiguous product descriptions, or highly designed products, freight forwarders should encourage the shipper to verify.

Scenario	What Freight Forwarders Can Do	What Freight Forwarders Cannot Decide Alone	Coordination Required with Importers and Customs Brokers
Before Import Arrangement	Confirm presence of materials that clearly show appearance, not just product names	Judgment of similarity to registered designs	Request product photos, sales pages, and specifications from importer.
Before Customs Declaration	Organize product photos, usage, model numbers, sales pages, supplier information	Determination of design right infringement	Consult customs broker in advance and verify necessary documents.
During Customs Inquiry	Collect photos, drawings, specifications, and comparison materials from importer	Definitively concluding non-similarity to registered design	Encourage confirmation from importer, customs broker, and experts if needed.
When Certification Procedure Starts	Share notices, response deadlines, and required documents with importer	Judgment on opinion letter content or submission strategy	Importer manages deadlines as a decision maker.
While On Hold	Organize risks such as storage fees, unloading suspension, and impact on delivery schedule	Decision to continue importation, abandon, or dispose	Share cost occurrence and deadline with importer.
If Found to Be Infringing	Organize procedural status, costs, handling of return or disposal practicalities	Negotiation with rights holder, voluntary abandonment, or disposal judgment	Confirm operational handling with customs broker based on importer’s decisions.
If Discussions on Modification Arise	Share with customs broker that changes in appearance or part exchanges are being considered	Judgment on whether modifications will allow importation	Encourage customs, customs brokers, and experts to confirm as needed.
Record Management	Keep records of who confirmed what and which documents were submitted	Determination on infringement or legal liability	Preserve confirmation history, response deadlines, and document submission logs.

If confirmation arises at customs, promptly request the shipper to submit product photos, sales pages, specifications, drawings, supplier information, etc., and coordinate responses with customs brokers.

However, freight forwarders should avoid definitively stating as the importer’s agent that “this is not a design right infringement” or “this is an original design.”

The role of the freight forwarder lies in fact-finding, document collection, coordination with customs brokers, deadline management, and risk explanation related to storage fees and disposal costs.

4-Column Judgment Checklist

Verification Stage	Party to Confirm With	Items to Confirm	Actions if Issues Arise
Before Procurement	Importer, Supplier	Whether the appearance resembles well-known products or registered designs, or if it is an original design	Check the sales page, product photos, and information on similar products.
Before Import Arrangement	Importer, Overseas Seller	Product photos, sales page, specifications, drawings, intended use	Obtain catalog and multi-angle photos showing the appearance.
Invoice Confirmation	Importer, Overseas Seller, Customs Broker	Whether the product name is ambiguous and whether the product appearance can be identified	Obtain detailed documents rather than just parts, accessory, or household goods.
Product Photo Confirmation	Importer, Warehouse, Overseas Seller	Photos of front, side, back, top, bottom, and any problematic parts	If photos are unclear, request additional photos or sample confirmation.
For Genuine or Replacement Parts	Importer, Manufacturer, Customs Broker	Usage, functional shape, comparison with genuine parts’ appearance, original design documents	Separate confirmation of functionally necessary shapes and design elements.
During Customs Inquiry	Importer, Customs Broker	Product photos, drawings, specifications, comparison materials with registered designs, permission documents	Organize documents that can be submitted within the response deadline.
At Start of Certification Procedure	Importer, Customs Broker	Notification details, response deadline, policy for submitting opinions and evidence	The importer should manage deadlines as a decision-making matter.
If Continuing Import Is Difficult	Importer, Customs Broker	Voluntary abandonment, disposal, consent from rights holder, corrective measures, possibility of return	Review costs, deadlines, and impact on sales plans.
If the Forwarder Requests Non-Infringement Explanation	Importer, Customs Broker	Extent to which the forwarder can and cannot make judgments	Do not conclusively assert non-infringement; focus on document collection and coordination with customs brokers.

Common Problematic Cases in Practice

Case	Usual Cause	Practical Impact	Response Direction
Unbranded furniture resembles a famous product	Intellectual property risks overlooked due to no trademark labeling	Customs may query due to suspicion of design right infringement.	Check product photos, sales pages, design documents, and comparison materials.
Invoice product name is just “household goods”	Product appearance or use cannot be identified	Photos or catalogs may be requested during customs clearance.	Obtain detailed product names, photos, and specifications.
Replacement parts resembling genuine ones	Appearance close to genuine parts as compatible or repair parts	Functional shape and design similarity become issues.	Verify usage explanation, drawings, genuine part comparison, and original design documents.
Smartphone accessories resemble popular product shapes	Importing items resembling trending products from overseas e-commerce	May not be clear from name alone; actual product inspection can raise issues.	Confirm sales pages, photos, samples, and model number materials.
Overlooking partial design features	Judging only by overall product impression	Specific parts may resemble registered designs.	Check enlarged photos of problematic parts and registered design documents.
Not checking related designs	Judging safety based on just one registered design	Issues may arise within the scope of related designs.	Confirm rights information including related designs.
Explaining shapes as functionally necessary	Mixing functional shapes and design elements	Functional explanation alone may be insufficient.	Review specification sheets, alternative shapes, and design rationale.
Assuming design right infringing goods can be imported after modification	Not understanding that the appearance itself is the issue	Simple modifications like logo removal may not resolve the issue.	Encourage review with customs brokers, customs authorities, and experts as needed.

Practical Scenario 1: Case of Unbranded Furniture Suspected of Design Right Infringement

There are cases where an importer procures designer furniture from an overseas manufacturer intending to sell it domestically.

The product has no brand name or logo. However, customs may inquire because the appearance resembles that of a well-known furniture maker.

Even if the importer explains “there is no logo, so there is no issue,” this explanation alone is insufficient because design rights protect the appearance itself.

In such cases, product photos, sales pages, specifications, design documents, and comparison materials with registered designs may be required.

Practical Scenario 2: Case Where Replacement Parts Resembling Genuine Parts Are Held Up

Importers sometimes bring in replacement parts for home appliances or machinery.

The products are not genuine but are to be sold as compatible or replacement parts. However, because the appearance is very similar to genuine parts, customs may inquire due to suspected design right infringement.

Even if the importer explains that "the shape is functionally necessary," it is not easy to precisely determine which parts of the shape are functionally necessary and which parts are protected as design.

In these cases, drawings, usage explanations, comparisons with genuine parts, original design documents, and expert review if necessary, are important.

Practical Scenario 3: Case Where Smartphone Accessory Shapes Cause Issues

When importing smartphone cases, charging stands, earphone cases, etc., from overseas e-commerce sites, some items may resemble popular product shapes.

The invoice might only list “phone accessory,” so the actual appearance is unknown when import arrangements proceed.

If, during customs clearance, photographic or physical inspection indicates similarity to registered designs, this may lead to customs inquiries or certification procedures.

It is important for freight forwarders to advise cargo owners not to judge based solely on product names, but to check appearance materials and sales pages in advance.

Practical Scenario 4: Missing Partial Design Elements

There are cases where importers believe "the overall shape is different, so there is no problem" when importing products.

However, design rights may protect not only the entire product but also the shape or decoration of parts of the product. For example, the handle part of a bag, the cap part of a container, or the control panel part of an electronic appliance.

In such cases, even if the overall impression of the product is different, if a specific part is similar to a registered design, it could become a subject of customs examination.

As a response, the importer should prepare enlarged photos of the problematic parts, drawings, registered design materials, and explanations of dissimilarity.

Practical Scenario 5: Not Checking Related Designs

Importers sometimes check only one registered design and conclude "there is no problem because the shape is somewhat different" before proceeding with import arrangements.

However, multiple designs derived from the same design concept may be registered as related designs. Therefore, checking only one registered design may not be sufficient.

If similarity with related designs becomes an issue at customs, additional documents and comparison materials may be required.

As a response, organize materials from the rights holder, registered design information, related design information, and product photos so that the importer can seek expert confirmation.

Practical Scenario 6: Assuming Appearance Changes Will Solve the Issue

If customs stop clearance due to suspected design right infringement, importers may ask, "Can’t we import if we cut off a part?" or "Would changing the appearance slightly be sufficient?"

However, since design right infringement concerns the product’s appearance itself, simple modifications may not necessarily resolve the issue. The feasibility of modification, the appearance after modification, customs decisions, and rights holder responses can all affect the conclusion.

Freight forwarders should not definitively say that modification will allow import but should check with customs brokers. If needed, organize the items that the importer should verify with experts or rights holders.

Costs and Decisions When Import Is Suspended

When customs detention occurs due to suspected design right infringement, the cargo is held in custody.

During this time, costs such as storage fees, inspection attendance fees, document preparation costs, translation fees, disposal costs, and confirmation of return feasibility may become issues.

Cost / Decision Item	Common Occurrence Scenario	What the Importer Should Decide	Freight Forwarder’s Actions
Storage Fees	If customs detention or certification procedures are prolonged	Whether to continue import or consider abandonment / disposal	Share the storage fee start date and projections.
Inspection Attendance Fees	If customs inspection or physical verification becomes necessary	Whether to respond to the inspection or handle by submitting documents	Confirm arrangements with customs brokers and warehouses.
Translation and Document Preparation Costs	If foreign language materials or design documents must be submitted	Whether to prepare translations or supplementary explanations	Encourage timely collection of materials to meet deadlines.
Comparison Material Preparation Costs	If comparative tables, drawings, or expert opinions versus registered designs are required	Whether to prepare comparison materials or obtain expert confirmation	Organize necessary materials for importer decision.
Disposal Costs	If import is judged impossible	Whether to choose voluntary abandonment or disposal	Confirm procedural details with customs brokers.
Return Feasibility	If returning non-importable cargo overseas is desired	Whether return is possible and who will bear the cost	Confirm practical feasibility with customs brokers and carriers.
Modification Response	If appearance changes, part replacement, or reprocessing is considered	Whether to proceed with modifications and bear costs	Do not definitively state that modification will allow import; confirm with customs brokers.
Impact on Sales Plans	If sales start date or delivery schedules cannot be met	Postponement, cancellation, or alternative arrangements	Share estimated customs detention periods with the importer.

If certification procedures conclude that import is not allowed, importers will need to consider voluntary abandonment, disposal, obtaining consent from rights holders, modification responses, etc.

However, note that design right infringing goods are often not something that can be solved simply by removing logos, as the product’s appearance itself can be the issue.

Freight forwarders and customs brokers do not decide rights issues on behalf of importers but aim to organize and communicate the current status of procedures, deadlines, and potential costs.

Common Misunderstandings

Common Misconceptions	Actual Perspective	Practical Notes
There is no intellectual property issue if there is no logo	In design right matters, the product's appearance itself can be an issue, even without logos.	Check product photos and appearance materials.
It’s not an issue if the shape is slightly different	Not only overall designs but also partial designs and related designs can pose issues.	Check not only registered designs but also related designs.
If the shape is functionally necessary, it’s always fine	It's necessary to distinguish between functionally required parts and parts protected as design.	Check specifications, drawings, usage descriptions, and alternative shapes.
Replacement parts never infringe design rights	Even repair or replacement parts may pose issues if their appearance is similar to registered designs.	Confirm comparison with genuine parts and in-house design documents.
A product name alone is enough for customs clearance	Appearance is crucial in design right infringement; product name alone is insufficient for judgment.	Prepare photos, drawings, catalogs, and sales pages.
If the product is commonly sold abroad, it can be imported	Just being sold overseas does not explain the design right risk in Japan.	Confirm existence of registered designs and rights holder permissions.
Modifying the appearance slightly guarantees import approval	Whether import is possible after modification depends on product nature, the changes, customs judgment, and rights holder response.	Coordinate with customs brokers, customs, and experts as needed.
The forwarder can simply state there is no infringement	Forwarders are not in a position to determine design right infringement.	Focus on collecting documentation, collaborating with customs brokers, and managing deadlines.

Practical Notes

Design right infringement is a risk that is difficult to notice in advance because it lacks clear markings, unlike trademarks.

Even without logos or brand names, if the appearance closely resembles a registered design, it could be subject to customs clearance checks or import injunctions.

It is important to verify at the procurement stage for products with high design elements, imitations of famous products, replacement parts resembling genuine items, smartphone accessories, sundries, furniture, electronics, and similar items.

Forwarders should encourage shippers to prepare documentation for cargo that has an appearance similar to famous products or whose descriptions are vague, and promptly share any concerns with customs brokers.

Especially for cargo lacking adequate product photos, with vague invoice product names, or procured from overseas e-commerce sites resembling trending products, checking appearance materials before customs clearance is essential.

Summary

Design right infringing goods are products whose shape, appearance, design, or patterns may be identical or similar to registered designs.

Unlike trademark-infringing goods, products may face issues even if they lack brand names or logos, due to the appearance itself.

In import operations, it is necessary to organize information about registered designs, appearance similarity, partial designs, related designs, functional shapes, and relationships with genuine or replacement parts.

Forwarders are not decision-makers on design right infringement, but they play a role in pre-shipment confirmation with shippers, collecting documentation, coordinating with customs brokers, managing deadlines, and explaining cost risks.

Design right infringement risk applies to products without logos and may cause customs issues, making pre-procurement appearance checks and documentation preparation the most important preventive measures.