Intellectual Property Infringement of Imported Goods and CIPIC: Practical Guide to Customs Injunctions and Certification Procedures

Intellectual Property Rights Infringement of Imported Goods and CIPIC

Intellectual property rights infringement of imported goods and CIPIC refers to the practical procedures for handling cases where there is suspicion that imported goods may infringe trademark rights, design rights, copyrights, patent rights, utility model rights, breeder’s rights, or other intellectual property rights when imported into Japan. This includes how to use CIPIC information, Japan Customs’ Import Suspension Request System, Certification Procedures, evidence submission by importers, sample inspections, customs release, disposal, and re-export processes.

The full name of CIPIC, according to the Articles of Incorporation of the Japan Tariff Association, is the Customs Intellectual Property Information Center (CIPIC).

CIPIC is an organization that collects, investigates, analyzes, and provides information related to border enforcement against intellectual property rights infringing goods, conducts awareness-raising activities, and supports rights holders.

However, CIPIC itself does not detain imported cargo, nor does it officially determine whether goods constitute intellectual property infringement.

The acceptance of Import Suspension Requests, initiation of Certification Procedures for suspicious cargo, and judgment of whether infringement has occurred are all functions of Japan Customs.

For importers, it is important to regard CIPIC not merely as a source of intellectual property information but as a practical resource for pre-import risk assessment, monitoring Import Suspension Request Information, understanding trends in counterfeit and imitation goods, and guiding initial response actions if customs detain shipments.

Scope Covered in This Article

Item	Contents Covered in This Article	Items Requiring Individual Confirmation
CIPIC	Official name, purpose, role as an information provider and support organization	Member services, scope of individual consultations
Customs Border Enforcement	Detection of suspected intellectual property rights infringement goods and customs clearance hold	Inspection of individual cargo, enforcement investigations
Import Suspension Request	System for rights holders to request suspension and Certification Procedures at customs	Requirements and submission materials depending on the type of right
Certification Procedure	Notification, submission of opinions and evidence, disclosure to opposing party, customs decision	Deadlines stated in notices, individual points of dispute
Simplified Procedure	Simplified certification when the importer does not dispute	Target cargo, notice, deadline for objection submissions
Sample Inspection	Inspections by rights holders including disassembly and analysis, and protection of importers	Approval, deposit, attendance, return methods
Customs Release	Provision of security for certain rights and withdrawal of Certification Procedures	Target rights, timing of claims, deposit amount
Importer Response	Proof of genuine products, licenses, parallel imports, OEM, etc.	Legal judgment on rights relationships
Logistics and Costs	Bonded storage, Demurrage, Detention, disposal, re-shipment	Cost bearing under contracts
Freight Forwarder	Information transmission, document collection, organization of logistics impact	Final judgment on intellectual property rights infringement
Cargo Insurance	Separation of physical damage and intellectual property regulation/infringement issues	Individual insurance policies and special clauses

Official Name and Positioning of CIPIC

The official English name of CIPIC is "Customs Intellectual Property Information Center."

In this article, we use the official English name listed in the Articles of Incorporation of the Japan Tariff Association, "Customs Intellectual Property Information Center," consistently.

Entity	Main Role	Actions Taken	Actions Not Taken
CIPIC	Providing information, investigation, and support for border enforcement	Providing information on Import Suspension Requests, enforcement actions, laws and systems, consultations, and awareness	Import suspension, initiation of Certification Procedures, determination of infringement
Customs	Border enforcement of prohibited imports	Cargo inspection, Certification Procedures, acceptance of suspension requests, determination of infringement	Final civil dispute resolution between private parties
Rights Holder	Protection of own intellectual property rights	Suspension requests, provision of identification information, submission of opinions and evidence, sample inspections	Administrative infringement certification substituting for Customs
Importer	Verification of legality and declaration basis of imported cargo	Proof of genuine products, licenses, parallel imports, submission of opinions and evidence	Unilateral legality determination based solely on Forms or Invoices
Freight Forwarder / Customs Broker	Transport, customs procedures, and communication of information	Notifications, document collection, deadline management, coordination of storage and return	Legal guarantee of rights infringement

Main Information Available from CIPIC

Type of Information	Details	Use in Import Operations
Import Suspension Request Information	Information on Import Suspension Requests accepted by Customs	Check if planned imports might be subject to an Import Suspension Request
Domestic Customs Seizure Information	Cases of intellectual property infringement seizures by Japanese customs	Identify easily counterfeited items, transport methods, and trends
Overseas Customs Information	Trends in intellectual property border enforcement abroad	Understand risks related to overseas suppliers and export destinations
Intellectual Property-Related Laws and System Information	Relevant laws, system explanations, and reference materials	Understand the basic structure of Import Suspension Requests and Certification Procedures
Lectures and Seminars	Training on border enforcement, counterfeit measures, and IP protection	Use for training import and legal staff
Awareness Promotion and International Cooperation	Counterfeit measures, cooperation with customs and rights holders	Use to develop internal intellectual property compliance systems

CIPIC information does not guarantee the import eligibility of individual cargo.

Importers should use CIPIC information as an entry point to verify customs data, rights registrations, contracts, licenses, and manufacturing/distribution documents.

Customs Border Control on Intellectual Property Rights Infringing Imports

Goods that infringe intellectual property rights are considered prohibited imports under the Customs Act.

When customs identifies cargo suspected of infringing intellectual property rights during inspections of maritime cargo, air cargo, international mail, or similar shipments, and if the case is not subject to a criminal investigation, a Certification Procedure may be initiated to determine whether the goods constitute infringing items.

At the point when imported cargo is detained, it is not yet confirmed to be infringing goods.

Customs notifies both the importer and the rights holder of the commencement of the Certification Procedure, reviews opinions and evidence from both parties, and then certifies whether the goods are infringing.

Import Suspension Request System

The Import Suspension Request System allows a rights holder of intellectual property or a claimant for injunction against unfair competition to request the customs director to prohibit the import of cargo deemed to infringe their rights, and to initiate the Certification Procedure.

In this article, the initial term used is "Import Suspension Request," which is used consistently throughout this article, except when explanations involve both export and import cases.

Type of Right	Cargo Commonly Involved	Main Points to Confirm	Areas Requiring Expert Judgment
Trademark Right	Branded goods, apparel, bags, watches, miscellaneous goods	Trademark, genuine products, license, parallel import	Identity or similarity of trademark, source indication function
Design Right	Home appliances, containers, parts, design products	Registered design, shape, appearance, creativity difficulty	Scope of design similarity
Copyright / Neighboring Rights	Character goods, video, music, software, printed materials	Reproduction and distribution permission, commercialization contracts	Whether it qualifies as a work, dependency, reproduction and adaptation
Patent Right	Machinery, parts, medical devices, electronic devices	Patent claims scope, product specifications, manufacturing method	Inclusion in the technical scope
Utility Model Right	Products with distinctive structure or shape	Registered utility model, product structure	Technical scope of the invention
Breeder’s Right	Seedlings, plants, agricultural products	Registered variety, propagation and import permit	Identity and characteristics of the variety
Interests under the Unfair Competition Prevention Act	Well-known marks, famous marks, imitation of product forms, trade secret infringements, etc.	Marking, form, technical restriction measures, trade secrets	Establishment of unfair competition acts

Main Documents the Rights Holder Prepares for an Import Suspension Request

Document	Main Content	Significance in Customs Practice
Import Suspension Request	Rights, target cargo, details of the request	Fundamental document for the procedure
Documents Proving Rights	Registration records, official gazettes, documents confirming rights’ existence and validity	Verify authority to request and scope of rights
Documents Demonstrating Infringement	Comparison between genuine and suspicious products, expert evaluation, reasons for infringement	Materialize the suspicion of infringement
Identification Points	Logos, packaging, serial numbers, materials, structure, distribution routes	Facilitate customs officers’ detection of suspicious cargo during inspections
Genuine Product Evidence	Product photos, serial numbers, legitimate distribution information	Explain the differences from genuine products
Agent Documents	Power of attorney, authorization of attorney or patent attorney	Confirm authority for acting as agent in procedures

A mere claim that counterfeit goods exist is not sufficient for an Import Suspension Request.

The rights holder must prepare concrete and updated documents so that customs officers can identify suspicious cargo among a large volume of goods.

Procedure Flow for Certification

Stage	Customs and Parties' Actions	Importer’s Response	Logistics Impact
Discovery of Suspicious Cargo	Customs inspection identifies suspected IP infringement	Identify cargo, product numbers, and lots	Import Permit is put on hold
Notification of Initiation	Notify importer and rights holder of Certification Procedure start	Confirm relevant rights, submission deadlines, and contact details	Delivery schedule may need adjustment
Submission of Opinions and Evidence	Both parties submit materials supporting infringement or non-infringement claims	Provide proof such as genuine products, licenses, or parallel imports	Bonded storage continues
Inspection and Sample Examination	Inspect cargo within the approved scope	Attend inspection, check for cargo damage and confidentiality	Inspection costs and time are incurred
Disclosure to Opposing Party	Disclose opinions and evidence used as grounds for decision to the opposing party	Manage the scope of confidential material disclosure carefully	Additional explanations may be required
Customs Certification	Determine whether cargo qualifies as infringing goods	Confirm results and reasons	Proceed to Import Permit or subsequent measures
Subsequent Processing	If not infringing, grant Import Permit; if infringing, consider voluntary measures	Consider agreement, removal, abandonment, disposal, etc.	Costs and delivery failure risk become issues

Managing deadlines specified in the notification documents is critical during the Certification Procedure.

The importer’s failure to submit opinions or evidence may be considered unfavorable to the importer.

Simplified Procedure

The simplified procedure is a process in which, after the Certification Procedure has started for cargo subject to an Import Suspension Request, if the importer does not declare their intention to dispute the infringement within the specified deadline, customs makes a determination of infringement based on the Import Suspension Request and its attached documents, without requesting additional opinions or evidence from the rights holder or importer.

The simplified procedure applies only to imports; exports are excluded.

This procedure is not limited to international postal parcels, cross-border e-commerce, or small shipments. It may apply to general cargo, air cargo, postal items, and other shipments subject to an Import Suspension Request.

Situation	Procedure Progress	Importer’s Points of Attention
Importer does not dispute	No additional opinions or evidence requested; customs makes determination	Check notices carefully to ensure that inaction is not treated as “no dispute”
Importer disputes within deadline	Both parties are notified of deadlines for submitting opinions and evidence; proceeds in the regular process	Distinguish between declaring intention to dispute and submitting evidence
Determined as no infringement	Proceed to Import Permit	Confirm the reason for determination and customs clearance resumption
Determined as infringement	Notification of determination result; issues may involve voluntary measures or confiscation and destruction	Check appeal procedures, costs, and coordination with trade partners

Do Not Confuse Import Suspension Request Security Deposit with Customs Release Bond

System	Main Provider	Purpose	Practical Effect
Import Suspension Request Security Deposit	Import Suspension Request Applicant / Rights Holder	To secure damages that the importer may suffer by being unable to import during the Certification Procedure	Customs may order the deposit
Customs Release Bond	Importer	To secure the rights holder’s damages for certain rights	After providing the bond, the importer requests termination of the Certification Procedure and Import Permit

Customs Release System

The Customs Release System allows an importer, after a certain period has passed following the acceptance of an Import Suspension Request concerning goods infringing on patent rights, utility model rights, design rights, or protected trade secrets, to request the customs director to discontinue the Certification Procedure provided that sufficient security is offered to protect the rights holder.

Note that this system does not apply to all suspected intellectual property rights infringement cases.

Do not assume that goods suspected of trademark or copyright infringement can automatically qualify for customs release under the same mechanism.

Confirmation Item	Details	Practical Notes
Applicable Rights	Patent rights, utility model rights, design rights, protected trade secrets	Confirm the applicable rights at the outset
Requester	The importer seeking entry	Verify the name and importer qualification
Timing of Request	After the period specified by laws and notifications	Manage the notification date for the start of Certification Procedures, etc.
Security	Deposit of money or a payment guarantee trust agreement	Check the deadline for the deposit order
Effect	Discontinuation of the Certification Procedure and import permit of the goods	Does not resolve civil infringement disputes

Even if goods are granted import permits through customs release, the rights holder may still pursue civil claims against the importer.

Sample Inspection and Protection of Importer’s Rights

Sample inspection is a system that allows the rights holder to inspect samples of the cargo related to an Import Suspension Request, with the approval of the customs director, while the Certification Procedure is underway.

This may include not only external inspection but also acts that reduce the economic value of the cargo, such as disassembly and analysis, depending on the scope of the approval.

Points to Confirm	Rights Holder’s Side	Importer’s Protection and Measures
Approval	Apply to the customs director for approval of sample inspection	Check the scope and content of the approval and inspection
Deposit	Make the required deposit	Verify the relation to damage or deterioration of the sample
Attendance	Conduct inspection according to customs-approved conditions	May request permission from the customs director to attend the inspection
Handling Capability	Must have proper ability and financial capacity for transportation, storage, and inspection	Exercise caution handling cargo containing precision items, hazardous materials, or trade secrets
Confidentiality	Must not disclose or misuse any information acquired during the inspection	Inform customs of any highly confidential structures or specifications
Return	Samples are generally returned promptly to customs after inspection	Confirm whether consent to retain the sample exists and verify handling of the sample

When sample inspection is conducted, the importer should confirm the impact on the cargo, the scope of disassembly or analysis, whether attendance is allowed, confidentiality measures, and the method of returning the samples.

Disclosure of Opinions and Evidence to the Opposing Party and Confidential Information

Opinions and evidence that form the basis of customs’ decisions in Certification Procedures may be disclosed to the opposing party, who may also be given the opportunity to provide explanations.

Therefore, importers and rights holders should not assume that submitted materials will automatically remain confidential.

Concerns	Problematic Documents	Practical Response
Purchase Price / Sales Price	Invoices, Price Lists, Transaction Contracts	Confirm necessity and limit the scope of submission
Supplier / Manufacturer Information	Distribution Diagrams, Purchase Orders, Factory Documents	Obtain internal approval assuming possible disclosure
Technical Information	Design Drawings, Specifications, Manufacturing Processes	Identify portions necessary to the issue and consult experts on submission method
Trade Secrets	Non-public Know-how, Customer Information, Cost Data	Confirm handling with customs, attorneys, and patent attorneys before submission
Personal Information	Information on Staff, Buyers, Senders	Confirm necessary scope and legal handling requirements

Simply stating "Non-disclosure requested" does not guarantee that the information will not be disclosed to the opposing party.

If confidential information is involved, consult customs and experts early, not just before the submission deadline, and distinguish between materials necessary for the issue and those that are not.

When the Importer Receives a Notification of Commencement of the Certification Procedure

Check Item	Details to Confirm	Main Documents	Initial Response
Notification	Notification number, applicable rights, submission deadline, contact for customs	Notification of Commencement of the Certification Procedure	Record receipt date and deadline
Relevant Cargo	Item numbers, quantity, lot, container, House B/L	Invoice, Packing List, B/L, Declaration	Limit the scope of applicability
Procurement Route	Authorized sales, parallel import, OEM, resale	Contracts, purchase orders, payment documents	Request proof from the supplier
Authentic Goods	Whether procured from rights holder or authorized distribution	Manufacturer’s certificate, authenticity certificate	Explain serial numbers and distribution routes
Licenses	Manufacturing, trademark use, export/sale authorization for Japan	License agreements, OEM contracts	Confirm region, period, and product scope
Parallel Import	Authenticity, relationship between domestic and foreign rights holders, quality equivalence	Procurement proof, rights holder relationship documents	Consult experts to confirm legal requirements
Logistics Impact	Storage fees, delivery schedules, container return, customer response	Arrival Notice, warehouse and shipping line terms	Notify relevant parties of potential cost incursions

It may not be sufficient for the importer to simply state "genuine product purchased overseas," "small quantity sample," or "for personal use."

The purpose of import, transaction details, quantity, past import records, and business activities of both sender and importer could be comprehensively verified.

Measures by the Rights Holder

• Confirm that the rights are validly registered and maintained
• Specify the scope of products covered by the Import Suspension Request
• Update identification points between genuine and suspected counterfeit goods
• Organize details such as serial numbers, packaging, materials, parts, and distribution routes
• Designate a person responsible for promptly responding to customs inquiries
• Confirm whether sample inspections are necessary
• Verify the possibility that submitted documents may be disclosed to the importer
• Consider the scope of documents to be submitted, including trade secrets and pricing information
• Confirm the possibility of being ordered to make a security deposit for the claim

Role of Freight Forwarders and Customs Brokers

Freight forwarders and customs brokers are not in a position to make the final judgment on intellectual property rights infringement.

However, once the Certification Procedure begins, they become key coordinators in logistics operations, as it directly affects customs clearance, storage, container returns, delivery schedules, disposal, reloading, and cost claims.

• Promptly convey notices of commencement of the Certification Procedure and customs inquiries to the importer
• Differentiating between targeted and non-targeted cargo
• Organize documents such as Invoice, Packing List, B/L, House B/L, etc.
• Encourage the importer to check proof of genuine products and licensing materials
• Prompt submission of opinions and evidence within deadlines
• Confirm conditions for bonded storage fees, demurrage, and detention charges
• Verify with customs, warehouse, and shipping line regarding feasibility of partial release, devanning, and reloading
• Avoid lightly guaranteeing intellectual property compliance or Import Permit
• Refer to lawyers or patent attorneys when legal judgment is required

Organization by Freight Forwarder's Standard Five Classifications

The following Standard Five Classifications are not classifications established by law or industry-wide consensus. Rather, they serve as an analytical framework in this series to organize the scope of freight forwarders' involvement.

Standard Five Classifications	Tasks Related to CIPIC / Intellectual Property Right (IPR) Injunctions	Judgments or Guarantees Typically Excluded	Reference Materials	Practical Considerations
Simple Intermediary	Forwarding notices, customs inquiries, and rights documentation	Verification of IPR infringement, guarantee of Import Permit issuance	Email, work instructions	Communicate exact receipt date and submission deadlines
Cargo Transportation Service Provider	Transport, storage, return shipments, and cost adjustments	Guarantee of genuine products or legality of parallel imports	Contract of carriage, booking confirmation	Explain conditions triggering storage fees and other charges
NVOCC / House B/L Issuer	Identification of cargo by House B/L unit, segregation from other shippers’ cargo	Guarantee of customs certification results or rights holder’s consent	House B/L, Master B/L	Confirm early any spillover impact on consolidated cargo
Door-to-Door Single Contractor	Process management from pickup through import customs clearance to inland delivery	Guarantee product IPR conformity or marketability	Door-to-Door contract, transport Clauses	Delineate transport responsibility and product legality
Agent / Coordinator for Specific Operations	Collection of documents, sample inspections, coordination of disposal or reloading	Legal claims or rights judgments beyond the scope of delegation	Power of attorney, customs clearance request	Clarify the ultimate decision maker

Contracting Carrier and Actual Carrier denote contractual positions in the carriage of goods and do not replace the Standard Five Classifications.

Individual tasks such as CIPIC searches, forwarding notifications, storage coordination, sample inspection reports, and arrangements for disposal or reloading do not themselves constitute a sixth classification.

Points to Check Before Import

Item to Check	Details to Confirm	Main Reference Documents	Actions if Issues Are Found
Brand/Logo	Authorization to use trademark, rights holder in Japan	Trademark registration, license agreements, certificate of authenticity	Inquire with rights holder or experts
Product Design	Registered design, imitation of product shape	Design registration, design documents	Confirm similarity before sales
Character/Images	Copyright, commercialization rights, sales territories	Usage permissions, commercialization contracts	Obtain authorization for sales in Japan
Technology/Structure	Technical scope of patents and utility models	Specifications, patent research	Obtain patent attorney's opinion
Procurement Route	Authorized dealer, parallel import, OEM, resale	Contracts, invoices, distribution proof	Create a trade flow chart
License Scope	Authorization for manufacturing, export, and domestic sales in Japan	License and OEM agreements	Further confirm territory, term, and product scope
Packaging/Instruction Manual	Logos, images, warranty, user manuals	Package samples, photos	Verify separately from the main product
Information on Import Suspension Requests	Relevant rights, products, identification details	CIPIC, customs information	Reconfirm rights status before import

Impact on Logistics and Costs When Subject to Seizure

Impact	Details	Contact Point	Practical Response
Customs Clearance Delay	Import Permit process may be halted until certification results are obtained	Customs, Customs Broker	Notify delivery destination of schedule changes
Bonded Storage Fees	Storage period in bonded area is extended	Warehouse, Terminal	Confirm rates and billing party
Demurrage	Containers remain at terminal for an extended period	Shipping Line	Check free time and demurrage rates
Detention	Delay in container return	Shipping Line	Confirm devanning and container return availability
Partial Cargo Release	Only part of the consolidated cargo is subject to suspicion	Customs, Bonded Warehouse	Confirm if cargo can be separated
Destruction / Abandonment	Voluntary processing after infringement certification	Customs, Disposal Contractor	Confirm method, cost, and proof
Re-export, etc.	Consideration of returning cargo overseas	Customs, Shipping Line, Supplier	Individually confirm legal feasibility
Loss of Sales Opportunity	Missed seasonal products or campaign periods	Internal Sales, Business Partners	Clarify losses and contractual liabilities

Relationship Between Cargo Insurance and Freight Forwarder Liability

Import refusal due to intellectual property rights infringement is generally different from physical damage to cargo caused by accidental incidents during transportation.

Therefore, expenses such as customs detention, loss of sales opportunities, and costs related to disposal or return due to rights infringement are not necessarily covered by standard marine cargo insurance.

Event	Cargo Insurance Considerations	Freight Forwarder Practice Considerations	Points to Confirm
Customs hold due to suspected trademark infringement	Regulatory and rights issues separate from physical damage	Advise verification of genuine products and licensing documents	Insurance policy, sales contract
Disposal following infringement determination	Not typically covered by standard cargo insurance	Coordinate disposal, costs, and customer explanations	Cost liability provisions
Storage fees during Certification Procedures	Often excluded from insurance coverage	Notify amount and billing party early	Warehouse and shipping line terms
Damage during transportation	Considered as physical damage	Handle incident separately from intellectual property issues	Cause of damage, insurance terms
Incorrect advice from freight forwarder	Separate liability issue from cargo insurance	Confirm conclusive explanations, instructions, and contract scope	Email records, clauses, operational instructions

Cases Commonly Problematic in Practice

Case	Main Issues	Initial Checks	Logistics Response	Main Documents
Parallel imported goods suspected of trademark infringement	Authenticity of product, relationship with domestic and foreign right holders, identical quality	Verify procurement route and certificate of genuine product	Manage deadline for the Certification Procedure	Invoice, procurement evidence, right holder documents
Trademark usage authority unclear for OEM products	Manufacturing consent and sales authorization for Japan	Check contract scope	Coordinate shipment suspension and storage	OEM contracts, licenses
Sample products are subject to injunction	Small quantity, non-sale purpose vs. infringement judgment	Confirm purpose, quantity, and permissions	Review exhibition schedule	Invitation letters, purpose explanation, permission letters
Intellectual property issue only with packaging	Logo, images, warranties, instructions	Confirm separately for product and packaging	Check if removal or modification is possible	Product photos, packaging samples
Portion of mixed cargo under suspicion	Identification of targeted cargo and impact on other shippers	Verify House B/L and packing numbers	Discuss partial release and devanning	House B/L, P/L, warehouse records
Ignoring the commencement notice	Simplified procedure and disadvantageous certification	Check notice date and deadline	Minimize increase in storage fees	Commencement notice
Disclosure of confidential materials becomes problematic	Disclosure to opposing party and trade secrets	Confirm necessity and scope of submission	Consult experts before deadline	Technical documents, contracts
Mistaken belief that customs release covers all rights	Limitation of targeted rights	Verify targeted rights and claim timing	Consider separate follow-up actions	Commencement notice, rights information

Example 1: Case Where Parallel Imported Goods Labeled as Genuine Were Detained

The importer purchased brand watches from an overseas wholesaler and imported them into Japan.

The products had legitimate serial numbers, and the importer believed that “since they are genuine, there would be no problem.”

However, customs raised concerns regarding potential trademark infringement, triggering the Certification Procedure.

The importer was required to provide not only the overseas wholesaler’s invoice but also documentation confirming that the products bore trademarks lawfully applied by the foreign trademark owner or their licensee, the relationship between foreign and domestic trademark owners, and that any quality differences from domestic products do not impair the trademark’s function of indicating origin or quality assurance.

In this case, it was necessary to separately consider the genuineness of the products and whether they qualify as lawful parallel imports in Japan.

Example 2: Case Where There Was No Sales License for Japan in the OEM Contract

A Japanese sales company had outsourced the manufacturing of its own brand products to an overseas factory.

The factory produced products bearing a designated logo, but the contract only specified production quantities and the manufacturing region, leaving the authority for export and sales to Japan unclear.

Furthermore, the trademark rights were held not by the sales company but by an affiliated company.

After customs raised questions, the importer collected the OEM contract, related documents concerning the trademark rights holder, trademark usage licenses, and consent for sales in Japan.

The mere fact of manufacturing outsourcing does not necessarily mean that all trademark use and import sales to Japan are authorized.

Example 3: Case Where Disclosure of Technical Information Became an Issue during Sample Inspection

Certification procedures commenced regarding machine parts suspected of patent infringement, and the rights holder applied for a sample inspection.

The structure of the target parts could not be confirmed by appearance alone, requiring disassembly and measurement.

The importer was concerned not only about the economic value loss due to disassembly but also about the internal structure and manufacturing know-how being disclosed to the rights holder, who is a competitor.

The importer confirmed details regarding the scope of the inspection, attendance application, confidentiality obligations, return of samples, and the range of technical documents to be submitted.

In this case, it was necessary to simultaneously arrange for the rights holder’s opportunity to provide evidence and the importer’s protection of the cargo and trade secrets.

Example 4: Case Where the Notification of Commencement of the Certification Procedure Was Neglected Internally

A company continuously importing cross-border e-commerce products received a notification of commencement of Certification Procedure from Customs.

The notification was received by the General Affairs Department but was not forwarded to the customs clearance team, and the prescribed deadline passed.

The importer neither submitted a dispute notification nor provided evidence regarding the authenticity of the products.

As a result, certification proceeded based on the Import Suspension Request and its attached materials as part of the simplified procedure.

In this case, aside from legal arguments, there was an internal process deficiency in immediately sharing the Customs notification with the responsible department upon receipt.

Example 5: Case Where Only Part of a Mixed Cargo was Subject to Seizure

A character merchandise was included within part of an LCL mixed container, raising suspicion of copyright and trademark infringement.

The same container also carried general cargo from other shippers.

The freight forwarder confirmed the relevant House B/L, packing numbers, and storage locations, then inquired with customs and the bonded warehouse whether it was possible to separate the targeted cargo and to release the other cargo.

Delays in identifying the targeted cargo would affect the delivery schedules and storage costs for other shippers as well.

In this case, the freight forwarder’s role was not to make intellectual property judgments but to quickly distinguish the targeted cargo from non-targeted cargo in order to minimize logistics disruptions.

Common Misunderstandings

Misunderstanding	Actual Consideration	Practical Notes
CIPIC stops the cargo	The customs authority is responsible for seizure and Certification Procedures	Distinguish the roles of CIPIC and customs
If the information is not listed in CIPIC, it is safe	The legality of individual cargo is not determined solely by the presence or absence of listings	Also verify rights registration, contracts, and actual product facts
If it is a genuine product bought overseas, import is always allowed	The legality of parallel imports and other issues need to be separately confirmed	Provide proof of supply routes and rights relations
One sample unit is not subject to intellectual property regulations	Quantity alone does not automatically exempt it from the regulations	Check the purpose, transaction, and past records as well
An OEM contract grants free use of trademarks	Manufacturing licenses are separate from trademark use and sales territory permissions	Confirm the scope of the contract
The customs broker handles notices of the start of Certification Procedures	The importer must decide on claims and prepare evidence	Do not ignore the notice
Submitted documents will not be disclosed to the opposing party	Opinions and evidence forming the basis of judgment may be disclosed	Manage the scope of confidential document submission
Sample inspections only involve visual checks	They may include dismantling, analysis, and other procedures	Confirm attendance rights, confidentiality, and return of samples
Customs release can be applied to all intellectual property dispute cargo	The rights subject to release are limited	Confirm applicable rights such as patent rights
Providing security resolves infringement issues	Civil disputes may remain even after customs release	Consider how to respond to rights holder claims
Re-export is always possible after infringement is certified	Procedures vary depending on cargo, processes, and laws	Confirm individually with customs
Intellectual property seizure is covered by marine cargo insurance	This is different from physical damage and is not automatically covered	Check insurance certificates and contractual liabilities
Freight forwarders guarantee import eligibility	Freight forwarders act in information transmission and logistics coordination roles	Legal judgments should be confirmed with specialists

Decision Flow from Before Import to Certification Procedures

1. Check the trademarks, designs, copyrights, technologies, and packaging of the imported goods.
2. Confirm the rights holder, licenses, OEM agreements, and sales territories.
3. Review CIPIC and customs' Import Suspension Request Information and enforcement trends.
4. Obtain certificates of authenticity, sourcing routes, and manufacturing or sales authorizations.
5. Share intellectual property verification status with freight forwarders and customs brokers.
6. Upon receiving customs inquiries or notification of commencement of the Certification Procedure, record the receipt date and deadline.
7. Identify the target cargo, product numbers, lots, rights, and rights holders.
8. Decide whether to dispute, conduct voluntary measures, or seek rights holder consent.
9. If disputing, prepare evidence such as genuine products, licenses, parallel imports, or non-infringement.
10. Confirm disclosure of submitted documents to the opposing party and confidentiality of information.
11. If sample inspection is required, confirm the inspection scope, attendance, confidentiality, and return procedures.
12. Verify whether the rights fall under the customs clearance release system.
13. Calculate bonded storage fees, Demurrage, Detention, and impact on delivery schedules.
14. Depending on certification results, proceed with Import Permit issuance, voluntary measures, or filing objections.
15. Organize claims against suppliers, customer responses, and measures to prevent recurrence.

Practical Judgment Checklist

Verification Stage	Contact/Documentation	Matters to Check	Actions if Issues Arise
Before Product Adoption	Product Planning, Manufacturer, Specifications	Trademarks, Designs, Copyrights, Patents	Conduct intellectual property investigation
At Purchase Contract	Supplier, Sales Contract	IP warranties, licenses, cost allocation	Add warranty clauses
Before Import Arrangement	CIPIC, Customs Information	Import Suspension Request Information, seizure trends	Confirm with rights holder
Before Shipment	Supplier, Product Photos	Packing, logo, labels, manuals	Revise markings
At Customs Clearance Request	Customs Broker, Invoice, Packing List	Item name, brand, genuine product documentation	Submit additional documents
At Customs Inquiry	Customs, Importer, Rights Holder	Details of doubts, target cargo, deadline	Form response team including experts
Upon Receipt of Start Notification	Notification Letter	Claim of dispute, evidence deadline	Share internally immediately
At Evidence Submission	Contracts, Licenses, Distribution Documents	Basis for non-infringement and disclosure to opponent	Carefully review scope of submission
At Sample Inspection	Customs, Rights Holder	Disassembly/analysis, attendance, confidentiality	Confirm conditions before applying
When Considering Customs Release	Customs, Lawyers/Patent Attorneys	Target rights, claim timing, collateral	Also assess civil risk
When Storage Prolongs	Warehouse, Shipping Line	Storage fees, demurrage, detention	Notify stakeholders of cost forecast
After Certification Result	Customs, Supplier, Rights Holder	Import Permit, voluntary disposal, appeals	Organize responsibility for costs and contracts

Situations Requiring Consultation with Experts

• When the legality of parallel imported goods is unclear
• When OEM contracts do not align with trademark, design, or copyright licenses
• When technical or similarity assessments regarding patent rights, utility model rights, or design rights are necessary
• Upon receiving notification of the commencement of Certification Procedures
• When the deadline for submitting an objection under simplified procedures is approaching
• When there are trade secrets or technical documents that should not be disclosed to the other party
• When sample inspections may involve disassembly, analysis, or potential cargo damage
• When considering deposit of customs clearance release funds
• When considering import consent or settlement with the rights holder
• When considering disposal, abandonment, excision/modification, or reloading of goods
• When claims for damages or recourse against suppliers are a concern
• When the explanatory obligations of freight forwarders or customs brokers become an issue

Practical Points to Note

• The official name of CIPIC is the Customs Intellectual Property Information Center.
• CIPIC serves as an information provider, investigator, and support agency; the customs authorities are responsible for enforcement and certification.
• The absence of information in the CIPIC database does not guarantee the safety of individual cargo.
• Distinguish between the roles of import suspension requests and Certification Procedures.
• Always record the receipt date of the Certification Procedure commencement notice and the submission deadline.
• If the importer does not dispute the claim, certification may proceed through a simplified procedure.
• The simplified procedure is not limited to postal small parcels only.
• Opinions and evidence may be disclosed to the opposing party.
• If submitting confidential information, confirm the necessity and scope in advance.
• Sample inspections may include disassembly and analysis.
• The importer may be able to request to attend the sample inspection.
• Rights holders are obliged to maintain confidentiality of information obtained during sample inspections.
• The customs release system applies only to limited eligible intellectual property rights.
• Customs release does not resolve civil infringement disputes.
• Parallel imports are not automatically lawful simply because they are genuine products.
• In OEM contracts, manufacturing licenses and trademark use or sales licenses for Japan are confirmed separately.
• Confirm not only the main product but also packaging, labels, warranty cards, and instruction manuals.
• Storage fees, demurrage, and detention charges arising from suspension should be calculated promptly.
• Distinguish between import prohibition due to intellectual property infringement and physical damage during transport.
• Freight forwarders and customs brokers should avoid providing assurances regarding intellectual property compliance.

Summary

• Intellectual property rights infringement on imported goods involves border risks related to trademarks, designs, copyrights, patents, utility models, breeder’s rights, and interests under the Unfair Competition Prevention Act.
• CIPIC is the Customs Intellectual Property Information Center of the Japan Tariff Association, a public interest incorporated foundation.
• The official English name of CIPIC is Customs Intellectual Property Information Center.
• CIPIC conducts information collection, investigation, analysis, information provision, consultation, awareness-raising, and enforcement support.
• Customs authorities are responsible for import suspension, initiation of Certification Procedures, and determination of infringement applicability.
• Importers should verify trademarks, designs, characters, technology, packaging, procurement routes, and license scope before import.
• In Import Suspension Requests, rights holders submit rights documents, evidence of infringement, and points of identification to customs.
• During Certification Procedures, both importers and rights holders may submit opinions and evidence.
• If the importer does not indicate intent to dispute, simplified procedures may proceed.
• Simplified procedures are established for imports and can apply to general cargo, air cargo, international mail, etc.
• Opinions and evidence forming the basis for customs decisions may be disclosed to the opposing party.
• Materials containing trade secrets or technical information require careful control over the scope of submission.
• Sample inspections may involve dismantling and analysis under the conditions of approval and deposit.
• Importers should confirm attendance at sample inspections, confidentiality, and return of samples.
• The deposit in Import Suspension Requests is a security system on the rights holder’s side, while customs release deposits are on the importer’s side; their purposes differ.
• The customs release system applies to certain goods related to patent rights, utility model rights, design rights, and protected trade secrets.
• Civil disputes with rights holders may remain even after customs release.
• Even genuine products require separate confirmation regarding whether they meet parallel import requirements.
• OEM contracts should carefully distinguish manufacturing authority, trademark use, and permission for export and sales to Japan.
• For mixed cargo, early separation of the relevant House B/L goods and other cargo owners’ goods is necessary.
• Suspension may cause customs clearance delays, bonded storage fees, demurrage, detention, loss of sales opportunities, disposal, and other risks.
• Import inability due to IP infringement differs from physical damage ordinarily covered by standard marine cargo insurance.
• Freight forwarders and customs brokers should not substitute IP judgment; they manage notifications, documentation, deadlines, and logistics costs.
• The Standard Five Classifications clarify involvement ranges as Simple Intermediary, Cargo Transportation Service Provider, NVOCC/House B/L issuer, Door-to-Door Single Contractor, and Agent / Coordinator for Specific Operations.
• Contracting Carrier and Actual Carrier denote transport contract status and do not replace the Standard Five Classifications.
• CIPIC search, notice forwarding, sample inspection coordination, and disposal/re-shipment arrangements do not constitute a sixth classification.

Intellectual property risks for imported goods should be addressed not only when cargo is held at customs but also earlier, during product selection, procurement contracts, license verification, and pre-shipment packaging checks.

When receiving notification of Certification Procedure initiation, do not ignore it; simultaneously confirm the relevant cargo, rights, submission deadlines, opposing party disclosure, sample inspections, customs release, and logistics costs.

Freight forwarders and customs brokers should not give definitive determination on importability, but should coordinate the judgments of importers, rights holders, customs, and legal professionals, while managing the impact on cargo and costs.

This article provides general information regarding intellectual property rights infringement on imported goods, CIPIC, customs border enforcement, Import Suspension Requests, Certification Procedures, simplified procedures, sample inspections, customs release, marine cargo insurance, and freight forwarder practices. It does not determine infringement on specific products, legality of parallel imports, eligibility for customs release, Certification Procedure outcomes, Import Permits, insurance claims, or legal liability of parties. Actual responses should be confirmed based on the Customs Act, related laws, official customs notices, intellectual property registrations, contracts, product documents, and advice from lawyers or patent attorneys.