Intellectual Property Rights and Import Operations
Interlink編集部Intellectual Property Rights and Import Practice
Intellectual property rights and import practice involve checking whether imported cargo from overseas has issues related to trademark rights, design rights, copyrights, patent rights, utility model rights, problems under the Unfair Competition Prevention Act, and similar matters, and organizing the risks for customs clearance.
When imported cargo includes brand names, logos, characters, product designs, photos, illustrations, videos, music, software, markings similar to genuine products, special structures, or technical features, merely confirming the product name is not sufficient.
If the cargo is judged to infringe intellectual property rights, customs may place the cargo on customs hold, request rights holder confirmation, initiate certification procedures, or impose import suspension.
This article organizes a practical checklist on what importers, freight forwarders, and customs brokers should check from before shipping arrangements to customs clearance.
Scope Covered in This Article
This article is a practical guide for import operations personnel to organize points to check before customs clearance regarding cargo related to intellectual property rights.
The legal system aspects such as the Customs Act, applicable rights, prohibited imports, border enforcement, and segmentation from cargo insurance are organized in a separate article, “What Are Intellectual Property Infringing Goods”.
The general overview of goods commonly problematic as intellectual property infringing goods, such as counterfeit goods, fake brand goods, pirated goods, and design imitations, is organized in a separate article, “Counterfeit Goods”.
| Item | Content Covered in This Article | Content Covered in Other Articles |
|---|---|---|
| Intellectual Property Checks in Import Practice | Practical points for importers, freight forwarders, and customs brokers to confirm from before shipping arrangements through customs clearance. | The overall legal system under the Customs Act is covered in “What Are Intellectual Property Infringing Goods”. |
| Rights to Check | Organizes trademark rights, design rights, copyrights, patent rights, utility model rights, and issues under the Unfair Competition Prevention Act as import practice confirmation targets. | Individual infringement judgments are covered in “Trademark Infringing Goods”, “Design Right Infringing Goods”, and “Copyright Infringing Goods”. |
| Relation to Counterfeit Goods | How counterfeit goods and copy goods become targets for intellectual property checks in practice. | The overall concept of counterfeit goods and entry points to related articles are covered in “Counterfeit Goods”. |
| Brand Goods and Parallel Import | Practical checks on authenticity, sourcing channels, genuine product status, and whether goods were sold by authorized retailers. | Authenticity, relations of domestic and foreign rights holders, and substantial equivalence in quality are covered in “Brand Goods Import” and “Parallel Import”. |
| Response to Customs Holds | The process where importers and freight forwarders organize documents and communicate with customs brokers when customs requests verification. | Customs holds, rights holder confirmation, and transition to certification procedures are covered in “Rights Holder Confirmation and Customs Hold”. |
| Scope of Freight Forwarder Involvement | What freight forwarders can confirm, what they should not judge, and what documents they should prompt the shipper to provide. | Legal judgments, submitting opinions, and handling certification procedures are handled by importers, experts, and customs brokers. |
| Cost and Delivery Risks | Practical risks such as customs holds, storage charges, delivery delays, certification procedures, and disposal costs. | Individual fees such as Demurrage, Storage, and Detention are covered in respective fee-specific articles. |
Reasons Why Intellectual Property Rights Checks Are Needed in Import Practice
In import practice, even if goods physically exist and can be transported, it does not mean they can always be imported into Japan.
If brand names, logos, characters, external designs, images, music, software, technical structures, and similar elements relate to someone else’s rights, customs may request verification.
Especially in overseas e-commerce purchases, small shipments, imports for resale, first-time transactions, extremely low-priced products, or goods with unclear sourcing, additional documents are more likely to be requested at customs.
Even if importers explain that “the product was normally sold overseas,” “the seller claimed it was genuine,” or “it is a small quantity, so it should not be a problem,” that alone may not suffice for customs clearance.
In import practice, it is important to be able to explain with documents that the goods are genuine, permissions from rights holders exist, sourcing can be explained, and there is no infringement of rights.
Reasons Intellectual Property Issues Arise in Freight Forwarder Operations
Freight forwarders are not the ultimate decision-makers on intellectual property infringement.
However, if cargo is held at customs, coordination needs to be done with shippers, importers, customs brokers, overseas shippers, and possibly rights holders.
If the freight forwarder does not grasp the nature of the cargo in advance, they may have to urgently request documents from the shipper after a customs hold, resulting in delayed responses, storage fees, delivery delays, and impact on sales plans.
Therefore, freight forwarders should focus not on judging infringement, but on early detection of cargo that may relate to intellectual property rights, prompting shippers for confirmation, and sharing necessary information with customs brokers.
Main Rights to Check
In import practice, it is not about legally judging all intellectual property rights but first identifying which parts of the cargo could potentially be subject to rights verification.
| Rights / Laws | Items to Check | Types of Cargo Likely to Cause Issues in Import Practice | Documents to Verify |
|---|---|---|---|
| Trademark Rights | Brand name, logo, mark, product name | Brand goods, logo-printed miscellaneous goods, apparel, watches, bags, smartphone cases | Official purchase documents, proof of purchase, authorized sales certification, supplier information, trademark usage permission |
| Design Rights | Product shape, appearance, design, patterns | Furniture, home appliances, smartphone accessories, replacement parts, containers, miscellaneous goods | Product photos, drawings, specifications, sales pages, comparison materials with registered designs |
| Copyright | Characters, illustrations, images, videos, music, books, software | Character goods, counterfeit goods, unauthorized reproductions, printed materials, stickers | License agreements, usage permissions, authorized sales certification, product images, sales pages |
| Patent Rights / Utility Model Rights | Technology, structure, functions, component configuration | Machine parts, electronic devices, tools, medical / beauty equipment, special parts | Specifications, technical documents, manufacturer explanations, rights holder permission documents, non-infringement explanations |
| Unfair Competition Prevention Act | Product labeling, famous marks, form imitation, trade secret infringement goods | Imitations of famous products, items using famous marks, packaging that causes confusion | Product comparison materials, sales pages, supplier documents, labeling content, non-applicability explanation materials |
Typical Cases Where Customs Clearance Is Stopped
Items likely to cause issues during customs clearance include extremely cheap brand goods, products without a verifiable legitimate supply route, logo-printed miscellaneous goods, character goods, replacement parts resembling genuine products, and products with famous brand names displayed on packaging.
Also, if the invoice only lists vague item descriptions such as "goods," "parts," "accessory," "sample," or "OEM," customs or customs brokers may be unable to verify the cargo content and could request additional documentation.
Even if the shipper explains "I believed it is genuine" or "I was told by the overseas seller that they are genuine," this alone may not be sufficient for customs clearance.
Documents such as proof of purchase from an authorized distributor, rights holder permissions, sales contracts, documents proving authenticity, product photos, sales pages, and supplier information may be required.
Differences from Related Concepts
Intellectual property rights and import practice serve a different role compared to general legal frameworks, cargo classifications, or individual rights articles. Practitioners need to refer to the appropriate articles depending on the stage of their case.
| Category | Main Content | Practical Use | Notes | Related Articles |
|---|---|---|---|---|
| Intellectual Property Rights and Import Practice | An article organizing what to check in import cases, what documents to collect, and when to share risks. | Used as a practical checklist before import arrangements, before customs clearance, and during customs inquiries. | This article does not provide legal judgments on infringement itself. | This article |
| What Are Intellectual Property Infringing Goods? | A general legal framework article organizing import prohibitions under the Customs Act, relevant rights, and border enforcement systems. | Serves as an entry point to understand why customs stops occur under the system. | Practical checks for individual goods are supplemented by this and other detailed articles. | What Are Intellectual Property Infringing Goods? |
| Counterfeit Goods | A general cargo type article covering copy goods, fake brands, pirated goods, and design imitations. | Used to understand which types of goods tend to carry intellectual property risks. | System aspects are handled in "What Are Intellectual Property Infringing Goods?", and practical checks are organized in this article. | Counterfeit Goods |
| Trademark Infringing Goods | Cargo involving problematic trademark display such as brand names, logos, marks, and product names. | Used for checking brand goods, logo products, and suspected counterfeit brands. | It is necessary to distinguish genuine products, Parallel Import, and trademark usage permissions. | Trademark Infringing Goods |
| Design Right Infringing Goods | Goods with shapes, appearances, designs, or patterns similar to registered designs. | Used for checking similar design products without logos, replacement parts, containers, and similar goods. | Even without logos, the appearance itself may be problematic. | Design Right Infringing Goods |
| Copyright Infringing Goods and Importing Character Goods | Cargo involving permitted use issues with characters, images, illustrations, videos, software, and similar works. | Used for checking character goods, pirated products, and unauthorized image usage. | Not only the product itself but also packaging, tags, and sales page images are subject to verification. | Copyright Infringing Goods, Importing Character Goods |
| Rights Holder Confirmation and Customs Hold | An article organizing customs inquiries, customs holds, rights holder confirmation, and transition to certification procedures. | Used for managing responses after actual customs inquiries are made. | Customs holds do not mean infringement is confirmed, and certification procedures are a different stage. | Rights Holder Confirmation and Customs Hold |
Checklist to Verify Before Import
For cargo related to intellectual property rights, it is important to verify before arranging import, rather than collecting documents after customs clearance is stopped.
- Whether brand names, logos, marks, or product names are attached
- Whether characters, illustrations, photos, videos, music, or texts are used
- Whether the product resembles the appearance or shape of famous products
- Whether it is not a genuine replacement part or compatible product
- Whether the purchase price is not unusually low compared to market prices
- Whether the seller is an authorized dealer and can explain the supplier information
- Whether the invoice product name is not too vague
- Whether product photos, sales pages, catalogs, and model number documents can be prepared
- Whether license agreements, usage permits, and authorized sales certificates can be submitted
- Whether there are any irregularities regarding sales purpose, quantities, and repeated imports
- In the case of Parallel Import, whether authenticity and procurement routes can be explained
- Whether a contact point has been designated for cases where the cargo is placed on customs hold or certification procedures are initiated
Practical Workflow
| Stage | Main Checks | Common Causes of Hold-ups | Practical Response |
|---|---|---|---|
| Before Quotation / Order | Confirm whether cargo includes brand goods, character goods, design items, or parts | Receiving only product names from shippers and overlooking IP risks | Check product photos, sales pages, usage, and whether brand indications are present. |
| Before Import Arrangement | Product photos, sales pages, supplier, brand name, model number | Invoice lists only vague product names | Confirm supplementary product names, model number documents, supplier information, and availability of authorization materials. |
| Before Customs Declaration | Authenticity, usage permits, procurement route, rights holder documents | Shipper does not possess authorized sales certificates or authorization documents | Share product details and available documents in advance with the customs broker. |
| Customs Confirmation / Inspection | Logos, trademarks, characters, appearance, packaging, tags | Cargo appearance does not match document contents | Review customs inquiry details and request required documents from the shipper specifically. |
| Customs Hold | Collect additional materials from the importer and submit to the customs broker | Delays in obtaining documents due to inability to reach importer or overseas seller | Organize response deadlines, storage fees, delivery impact, and available documents for submission. |
| Transition to Certification Procedure | Determine if the importer will submit opinion statements and evidence within deadlines | Importer lacks understanding of infringement issues and deadlines are approaching | Encourage expert review if needed and have the importer decide on the response policy. |
| Certification Results / Processing | If non-applicable, permit import; if applicable, consider disposal, voluntary abandonment, import consent acquisition, and similar measures | Issues arise around storage fees, disposal costs, sales plans, and cost-bearing | Organize disposal methods, cost responsibilities, explanations to trading partners, and revisions to sales plans. |
When Customs Hold or Certification Procedures Begin
If customs find suspected intellectual property rights infringement, clearance may be temporarily held.
During the customs hold stage, cargo is not yet confirmed as illegal. It is important for the importer to explain with documents the authenticity, usage permits, procurement routes, or reasons why rights infringement does not apply.
If doubts remain unresolved through document submission and verification, certification procedures may follow.
In the certification procedure, customs determines whether the goods constitute intellectual property infringement. If deemed not infringing, import permission proceeds. If deemed infringing, options such as disposal, voluntary abandonment, obtaining the rights holder’s import consent, or corrective actions will be considered.
The detailed process for customs hold, rights holder confirmation, and certification procedures is organized in a separate article, "Rights Holder Confirmation and Customs Hold".
Common Misunderstandings
In imports related to intellectual property rights, discrepancies often arise between shipper or importer understanding and explanations required in customs practice.
| Common Misunderstanding | Actual Perspective | Practical Points |
|---|---|---|
| If sold overseas, the product can be imported | Being sold overseas and being allowed to be imported into Japan are separate issues. | Check Japanese rights issues, usage permits, and procurement routes. |
| Seller says the product is genuine, so it is sufficient | The seller's explanation alone may be insufficient proof of authenticity or legitimate procurement. | Verify purchase proof, authorized sales certificates, supplier information, and relations with rights holders. |
| No check needed for small quantities | Even small quantities can be subject to checks if items are brand goods, character goods, or counterfeit goods. | Take care with overseas mail order, small shipments, samples, and novelty items. |
| No logo means no problem | Even without a logo, appearance or shape may violate design rights or unfair competition laws. | Review product photos, drawings, sales pages, and comparison with existing products. |
| OEM or no-brand items are safe | OEM or no-brand labels alone do not clarify relationships to existing brands or designs. | Confirm actual markings, appearance, sales pages, suppliers, and manufacturing permissions. |
| Freight forwarder will confirm no issues | The freight forwarder is not a rights infringement judge but a coordinator for document collection and customs liaison. | Instead of definitive judgments, clarify shipper-submitted materials, verification status, deadlines, and cost risks. |
| Cargo insurance covers import restrictions risk | Losses due to intellectual property infringement or import prohibitions differ from physical damage during transport. | Manage this as a rights check before purchase, contractual responsibility, and importer risk management—not as insurance coverage. |
Costs When Import Is Stopped
When customs clearance is stopped due to suspected intellectual property rights violations, issues such as cargo storage fees, inspection attendance costs, document preparation fees, translation costs, re-delivery arrangement fees, and loss of sales opportunities may arise.
For FCL cargo, depending on the situation, container-related charges such as Demurrage, Storage, and Detention may also become issues.
If the certification procedure concludes that the cargo cannot be imported, consideration must be given to disposal costs, voluntary abandonment, whether return is possible, obtaining consent letters from rights holders, and the possibility of corrective measures.
These costs are categorized not as cargo accidents but as risks related to rights verification and legal compliance checks.
Freight forwarders and customs brokers are positioned not to determine rights issues on behalf of the importer but to organize and communicate the status of procedures, deadlines, and potentially arising costs.
Points of Caution for Freight Forwarders
Freight forwarders are not in a position to definitively determine the presence or absence of rights infringement.
The role of the freight forwarder is to encourage the shipper to confirm questionable cargo, share risks before customs clearance, and organize the necessary documentation.
Especially when dealing with brand goods, logos, characters, highly designed items, or parts resembling genuine products, it is necessary to confirm authenticity, supply routes, and license usage at an early stage.
It is also important that freight forwarders do not affirmatively state, "These are genuine products," or "There is no rights infringement."
Information to be communicated to customs brokers includes the materials submitted by the cargo owner, product information, supply routes, sales purpose, and status of confirmation, not legal judgments about rights violations.
Scope of Freight Forwarder Involvement
| Stakeholder | Main Role | What Can Be Done | What Should Not Be Done | Practical Cautions |
|---|---|---|---|---|
| Importer | Main party for cargo purchase, rights confirmation, import declaration, and document submission | Explain authenticity, license usage, supply route, and sales purpose with documentation | Decide that there is no issue based solely on the seller’s explanation | The most important thing is to secure documents before purchase. |
| Freight Forwarder | Transport arrangement, shipper confirmation, document collection, liaising with customs brokers | Encourage shipper to confirm questionable cargo and share information with customs brokers | Legally determine the presence or absence of rights infringement | Organize matters for confirmation, submitted documents, deadlines, and cost risks instead of making conclusions. |
| Customs Broker | Import declaration, responding to customs inquiries, document organization | Relay inquiry content from customs to importer and arrange document submissions | Conclude there is no intellectual property violation with insufficient documentation | If product name, model number, labeling, use, and supplier explanations are unclear, the confirmation process may be prolonged. |
| Customs | Border enforcement of intellectual property infringing goods, certification procedures | Verify cargo, documents, and rights information, and proceed with certification procedures if necessary | Guarantee legality based solely on the importer’s subjective explanation | If doubts remain, customs clearance may be withheld, and certification procedures may follow. |
| Rights Holder / Authorized Agent | Verification of authenticity, licenses, and presence or absence of rights infringement | Engage in proof of legitimate sales, license grants, import approval, and genuine product confirmation | Assume immediate response to every case as a matter of course | Delayed responses may result in storage fees and delivery delays. |
Decision Checklist
| Verification Stage | Party to Confirm With | Items to Confirm | Actions if Issues Arise |
|---|---|---|---|
| Before Quotation / Order | Shipper / Importer | Whether products are brand goods, character goods, designed items, or parts | Check product photos, sales pages, brand indications, and usage. |
| Before Import Arrangement | Shipper / Supplier | Product name, model number, brand name, logo, character, supplier | Supplement invoice product names and share product documents with customs brokers. |
| For Brand Goods | Importer / Supplier | Authenticity, proof of purchase, whether sourced from authorized dealers | Request proof of legitimate sales, purchase invoices, and supply chain documentation. |
| For Character Goods / Image Usage Items | Importer / Supplier | License agreements, usage permissions, sales territories, rights related to product images | If no permission documents are available, explain the risk of customs hold or certification procedures. |
| For Products with Similar Appearance | Importer | Appearance, shape, patterns, similarity to registered designs or well-known products | Collect product photos, drawings, specifications, and comparison materials. |
| If Described as Parallel Import | Importer / Supplier | Authenticity, supply route, relationship with domestic and foreign rights holders, substantial quality equivalence | Verify genuine product documents, official overseas distribution documents, and quality documentation. |
| If Customs Inquiries Are Made | Customs Broker / Importer | Inquiry details, response deadlines, required documents, cargo storage location | Clarify response deadlines and prioritize document acquisition. |
| If Import May Be Prohibited | Importer / Customs Broker | Disposal, voluntary abandonment, rights holder consent, corrections, whether return is possible, cost responsibility | Organize disposal methods, cost responsibility, sales plans, and explanations to business partners. |
Cases Prone to Issues in Actual Logistics Practice
| Case | Common Issues | Documents to Check | Practical Measures for Forwarders and Customs |
|---|---|---|---|
| Ambiguous Brand Goods | The invoice may only state "fashion goods," making the brand name or model number unclear. | Product photos, model numbers, brand names, proof of purchase, official sales certification | Request supplementary product name details and share actual product display and purchase documents with the customs broker. |
| Character Goods | Characters are displayed on the product or packaging, raising issues over usage licenses. | License agreements, usage permissions, official sales certification, product images | Confirm the presence of permission documents and prepare for customs inquiries. |
| Replacement Parts Similar to Genuine Products | Even if compatible parts, their appearance or labeling may closely resemble genuine products. | Product photos, specifications, drawings, compatible parts explanation, comparison with genuine products | Clearly distinguish between genuine and compatible parts, checking risks of misrepresentation in labeling or appearance. |
| OEM or Products Described as No-Brand | Although described as no-brand, the actual appearance or packaging may closely resemble existing products. | Product photos, sales pages, manufacturer information, permission documents, comparison materials | Do not judge based on naming alone; verify actual product display and appearance materials. |
| Extremely Low-Priced Brand Goods | If priced significantly below market value, doubts about authenticity or procurement channels may arise. | Proof of purchase, procurement contracts, price explanation documents, seller information | Avoid making conclusions based solely on price; verify documentation explaining official procurement. |
| Parallel Import | Even if genuine, the procurement channel or relationships with rights holders inside and outside the country may be unclear. | Authenticity documentation, overseas official distribution materials, procurement route, quality equivalence documents | Confirm not just the explanation that it is a parallel import, but also whether this can be supported with documentation. |
| Cases Where Forwarders Are Asked to Confirm No Infringement | Shippers sometimes request forwarders to explain that there are no issues. | Documents submitted by the shipper, product information, procurement routes, sales purpose, confirmation status | Do not make definitive legal judgments; focus on sharing documents and conducting additional checks. |
| Cargo Prohibited for Import After Certification Procedures | If determined to be intellectual property infringing goods, issues arise regarding disposal or voluntary abandonment. | Certification results, consent status from rights holders, disposal costs, storage fee details | Organize disposal methods, cost responsibility, and impact on sales plans and communicate these to the shipper. |
Practical Scenario 1: Customs Inquiry on Ambiguous Brand Names
There are cases where importers purchase handbags with brand logos from overseas e-commerce sites.
The invoice only states "fashion goods," with no indication of the brand name, model number, or the legitimacy of the supplier. Customs requests verification of authenticity during clearance, but the importer can only provide screenshots of the sales page.
In this situation, customs hold, certification procedures, storage fees, delivery delays, and impact on sales plans can become issues. The forwarder requests product photos, proof of purchase, official sale certification, and supplier information from the shipper and shares the status with the customs broker.
Practical Scenario 2: Insufficient License Documentation for Character Goods
Importers sometimes source anime character merchandise from overseas manufacturers.
The characters appear on the product or its packaging, and customs requests confirmation of usage rights. Even if the importer explains that “it was commonly sold overseas,” this is insufficient as proof of permission from rights holders.
If documents such as license agreements, usage permissions, or official sales certifications cannot be submitted, the cargo may be subject to customs hold or certification procedures.
Practical Scenario 3: Appearance Confirmation Needed for Replacement Parts Similar to Genuine Items
Importers sometimes bring in replacement parts for home appliances or machinery.
Although these parts are not genuine and are sold as compatible products, their appearance is very similar to genuine items. This raises concerns about design right infringement or unfair competition law violations.
Even if the importer explains, “the shape is necessary for functionality,” the design or labeling may still cause issues. In such cases, product photos, drawings, specifications, sales pages, and comparison materials with genuine products may be required.
Practical Scenario 4: Request to Forwarders for Statements of No Infringement
When customs questions intellectual property rights, shippers may ask forwarders to explain that there is no problem.
However, forwarders are not rights holders or legal experts and are not in a position to definitively determine infringement of trademark, design right, copyright, or patent rights.
In this case, forwarders share documents submitted by the shipper with the customs broker and request additional documents as needed. Opinions, inquiries to rights holders, certification procedures, and decisions on voluntary abandonment or disposal should be made by the importer.
Intellectual Property Infringing Goods and Division of Responsibilities for Counterfeit Goods
The article "What Are Intellectual Property Infringing Goods?" organizes the legal framework covering import-prohibited cargo under the Customs Act, affected rights, import suspension, certification procedures, and distinctions from marine cargo insurance.
"Counterfeit Goods" is a general, hub article concerning problematic cargo such as copied products, fake brand goods, pirated goods, character goods, and design imitations that often cause intellectual property infringement issues.
In contrast, this article, "Intellectual Property Rights and Import Practice", is a checklist-type resource organizing what importers, forwarders, and customs brokers should confirm, what documents to prepare, and at what stage risks should be shared in actual import transactions.
Practical Points to Note
For cargo related to intellectual property rights, even if the cargo physically exists, it may not be cleared through customs if there are issues with the rights involved.
Importers need to verify authenticity, usage permissions, licenses, procurement routes, sales purposes, and product labeling before purchasing.
Freight forwarders are not experts in identifying counterfeit or rights-infringing goods, but it is important not to proceed with suspicious cargo without verification, and to encourage the shipper to confirm and organize relevant documents.
Rather than gathering documents after customs holds the cargo, the most practical approach to prevent clearance delays and additional costs is to check intellectual property risks before arranging import logistics.
Summary
In relation to intellectual property rights and import practice, brand names, logos, characters, designs, images, and technological structures can affect whether cargo is cleared through customs.
Importers should be able to provide documentation that verifies authenticity, usage permissions, procurement routes, and reasons why the cargo does not infringe on rights.
Freight forwarders are not decision-makers regarding rights infringement, but in cases of suspicious cargo, they are responsible for verifying with the shipper, collecting documents, coordinating with customs brokers, managing deadlines, and explaining potential cost risks.
This article serves as a checklist linking the general legal overview titled “What Are Intellectual Property Infringing Goods?” and the cargo type overview titled “Counterfeit Goods” to practical verification tasks at logistics sites.
Intellectual property rights and import practice are practical issues that directly affect import eligibility, customs clearance speed, additional costs, and sales planning; therefore, pre-import verification and document preparation are the most crucial preventive measures.
