What Constitutes Intellectual Property Infringing Goods
Interlink編集部What Are Intellectual Property Infringing Goods?
Intellectual property infringing goods refer to items that may violate intellectual property rights such as trademark rights, design rights, copyrights, neighboring rights, patent rights, utility model rights, layout-design rights of integrated circuits, breeders' rights, and certain items that fall under violations of the Unfair Competition Prevention Act.
In import operations, counterfeit brand products, knock-offs, imitations, pirated products, unauthorized reproductions, unauthorized character goods, products without permission from the rights holder, and products similar to registered designs tend to be common problematic categories.
Under the Customs Act, intellectual property infringing goods are classified as cargo that must not be imported. Therefore, issues related to intellectual property infringing goods go beyond mere civil rights infringement disputes. These are critical points concerning whether customs will allow the importation at all.
Importers, customs brokers, freight forwarders, and e-commerce operators cannot overlook intellectual property rights checks when importing brand goods, character goods, highly designed products, electronic devices, toys, clothing, sundries, and parts.
Scope Covered in This Article
This article organizes the position of intellectual property infringing goods under the Customs Act, the applicable rights, import suspension petitions, certification procedures, customs hold, freight forwarder and customs practice, and the relationship with marine cargo insurance.
This article serves as a legal framework overview within the Intellectual Property and Counterfeit Goods category. It is intended to help readers understand which goods may become problematic under the Customs Act before moving to specialized articles on Counterfeit Goods, Trademark Infringing Goods, Design Right Infringing Goods, Copyright Infringing Goods, Brand Goods Import, Importing Character Goods, and Parallel Import.
| Item | Contents Covered in This Article | Detailed Coverage in Other Articles |
|---|---|---|
| Legal and Institutional Framework | This article explains that intellectual property infringing goods are included in cargo prohibited from importation under the Customs Act. | Specific procedures for customs hold, rights holder confirmation, and transition to certification procedures are covered in "Rights Holder Confirmation and Customs Hold". |
| Applicable Rights and Laws | This article provides a cross-sectional overview of trademark rights, design rights, copyrights, patent rights, breeders’ rights, and violations of the Unfair Competition Prevention Act. | Individual assessments of trademark, design right, and copyright infringement are covered in “Trademark Infringing Goods”, “Design Right Infringing Goods”, and “Copyright Infringing Goods”. |
| Differences from Counterfeit Goods | This article addresses the topic from a legal framework perspective, focusing on banned imports, border enforcement, and applicable rights. | General practical issues related to counterfeit brand products, knock-offs, pirated goods, and design imitations are covered in "Counterfeit Goods". |
| Import Suspension Petitions | This article outlines the system whereby rights holders petition customs to suspend import of suspected infringing goods. | Details of petition procedures, documents submitted by rights holders, and post-petition processes are covered in "Import Suspension Petitions". |
| Certification Procedures | This article describes the process by which customs decides whether suspected goods fall under intellectual property infringing goods. | Notices, opinion statements, submission of evidence, non-applicability certifications, and responses after certification are addressed in "Certification Procedures". |
| Differences from Parallel Import | This article explains the need to distinguish between genuine parallel import transactions and counterfeit or rights-infringing goods. | Issues regarding genuineness, relationships with domestic and foreign rights holders, and substantial product equivalence are covered in "Parallel Import". |
| Relationship with Marine Cargo Insurance | This article clarifies that losses arising from intellectual property infringement or import prohibition differ from typical physical damage during transport. | Details on cargo incidents, exclusions, insurance claims, and policy terms are discussed in cargo insurance-related articles. |
Position Under the Customs Act
Intellectual property infringing goods fall under cargo that must not be imported according to the Customs Act. This means that infringement of intellectual property rights goes beyond a civil dispute between rights holders and importers and is subject to customs border enforcement.
Customs may conduct verification, inspection, and certification procedures for import declaration cargo, international mail, air cargo, sea cargo, and similar shipments when there is a suspicion that the goods fall under intellectual property infringing goods.
Even if the importer explains that they “bought it overseas,” “were told by the seller it is authentic,” or “it is a small quantity so there is no problem,” if the goods themselves are judged to be intellectual property infringing goods, importation may not be allowed.
Therefore, confirmation of intellectual property infringing goods should be regarded as a border regulatory matter to be checked at the import or pre-customs clearance stage, not simply an issue to be dealt with after import as a sales dispute.
Rights and Laws Likely to Be Applicable
The rights and laws most commonly involved with intellectual property infringing goods generally include the following:
| Rights / Laws | Main Subjects | Common Issues in Import Operations | Documents to Check |
|---|---|---|---|
| Trademark Rights | Brand names, logos, product names, marks | Counterfeit brands, logo-bearing copies, unauthorized trademark use items | Official purchase orders, authorized sales certificates, trademark use permits, purchase proofs |
| Design Rights | Product shape, appearance, design, patterns | Furniture, consumer electronics, sundries, replacement parts resembling the appearance of famous products | Product photos, drawings, specifications, comparison materials with registered designs |
| Copyright | Characters, illustrations, images, videos, music, books, software | Pirated goods, unauthorized character products, unauthorized reproductions | License agreements, use permits, authorized sales proofs, product images |
| Neighboring Rights | Sound recordings, videos, broadcasts, performances, and similar rights | Unauthorized reproductions of sound recordings or video-related products | Sales permits, rights holder documents, authorized distribution materials |
| Patent Rights / Utility Model Rights | Technical inventions, structures, functions | Products or parts using the rights holder's technology without authorization | Specifications, technical documents, rights holder permissions, non-infringement explanations |
| Layout Design Rights | Layout of semiconductor integrated circuits | Semiconductor-related items used without authorization | Manufacturer materials, design documents, authorized supply materials |
| Breeder's Rights | Registered varieties, seeds, plants, and similar items | Seeds or plants imported without the rights holder's permission | Variety registration documents, import permits, supplier documents, plant quarantine-related papers |
| Unfair Competition Prevention Act Violations | Confusing product labeling, misuse of famous marks, product shape imitation, trade secret violations, and similar acts | Products that free-ride on brand markings, shape imitations, trade secret infringement products | Product labeling documents, sales pages, product photos, rights holder documents, non-applicability explanations |
Breeder's rights are rights under the Seedling Law but are targets of border control as intellectual property infringing goods under the Customs Act. The Unfair Competition Prevention Act is separate from individual intellectual property laws such as the Trademark Act or Copyright Act, but under the Customs Act, goods constituting certain unfair competition acts may also be prohibited from import.
Goods Often Problematic in Import Operations
In import situations, trademark rights infringement and design rights infringement are particularly common issues. Items such as bags, apparel, shoes, watches, smartphone accessories, toys, character goods, home electronics peripherals, sundries, and replacement parts may be subject to import suspension or certification procedures.
Not only the product itself, but packaging, tags, labels, manuals, warranties, promotional materials, sales pages, and product images displaying brand names, characters, designs, and logos may be checked.
Also, even items without logos could face issues as intellectual property infringing goods if their appearance resembles registered designs or if the product shape is seen as imitation of a famous product.
Differences Between Intellectual Property Infringing Goods and Related Concepts
Intellectual property infringing goods tend to be confused with terms such as Counterfeit Goods, Trademark Infringing Goods, Design Right Infringing Goods, Copyright Infringing Goods, Parallel Import, and Brand Goods Import. In actual logistics practice, it is necessary to distinguish which concept is being discussed.
| Category | Main Meaning | Typical Examples | Handling in Import Practice | Detailed Article |
|---|---|---|---|---|
| Intellectual Property Infringing Goods | Intellectual property infringing goods that may fall under cargo prohibited from import under the Customs Act | Trademark Infringing Goods, Design Right Infringing Goods, Copyright Infringing Goods, Unfair Competition Prevention Act violation goods, and similar goods | Customs inspection, import suspension petitions, certification procedures, and import prohibitions may become issues. | This article |
| Counterfeit Goods | A practical general term for products imitating brands, logos, designs, characters, and similar elements | Fake brand goods, copy products, pirated goods, design imitations | This is an entry point for distinguishing which rights may be infringed. | Counterfeit Goods |
| Trademark Infringing Goods | Goods with problematic trademark displays such as brand names, logos, marks, or product names | Copy products with famous brand logos, counterfeit branded bags | Issues include authenticity, trademark use permission, and relationships with Parallel Import. | Trademark Infringing Goods |
| Design Right Infringing Goods | Goods whose shape, appearance, design, or patterns resemble registered designs | Products similar to famous furniture, replacement parts resembling genuine parts, distinctive container designs | Even without logos, the appearance itself may be subject to review. | Design Right Infringing Goods |
| Copyright Infringing Goods | Goods using copyrighted materials, images, characters, software, and similar works without authorization | Pirated DVDs, unauthorized character products, unauthorized copied software | Both the product itself and packaging, tags, and sales page images may be checked. | Copyright Infringing Goods, Importing Character Goods |
| Parallel Import | A transaction importing authentic products legally distributed overseas through channels other than the domestic authorized dealer | Overseas authorized circulation bags, watches, cosmetics, apparel | Issues concern authenticity, relationships with domestic and foreign rights holders, and explanations on substantial product equivalence. | Parallel Import |
Customs Enforcement and Import Suspension Petitions
Goods suspected of being intellectual property infringing goods may become subject to import suspension or certification procedures at customs.
The rights holder may file an import suspension petition with customs for cargo that is deemed to infringe on their rights. If the import suspension petition is accepted, customs will check imported cargo and international mail shipments for items that may fit the petition’s criteria.
If there is suspicion, customs will conduct a certification procedure to decide whether the cargo constitutes intellectual property infringing goods.
The import suspension petition is a system for rights holders to stop infringing goods at the border. From the importer’s perspective, it may appear as an unexpected customs check during clearance, requiring the submission of documents and statements.
Relationship with the Certification Procedure
The certification procedure is a process where customs decides whether suspected infringing goods it found qualify as intellectual property infringing goods.
During the certification procedure, notifications are sent to both the rights holder and the importer, and as needed, submission of evidence and opinions may be requested.
If the importer disputes the claim, they must submit statements within the deadline, along with documents demonstrating that the goods are genuine, that the rights holder has granted permission, that there are no issues with Parallel Import, that the goods do not resemble registered designs or copyrighted works, and similar matters.
If the goods are certified as not being intellectual property infringing goods, import clearance will proceed. Conversely, if the goods are certified as infringing goods, importation is prohibited, raising issues such as disposal, voluntary abandonment, obtaining import consent from the rights holder, taking corrective measures, or confirming whether re-export is possible.
Details on customs verification, customs hold, rights holder confirmation, and transition to the certification procedure are organized in a separate article titled "Rights Holder Confirmation and Customs Hold".
Practical Workflow
| Stage | Main Checks | Common Causes for Delays | Practical Response |
|---|---|---|---|
| Before Purchasing | Trademark, design, copyright, patent, license, sales territory | Judging items as genuine based solely on the overseas seller’s explanation | Verify rights holders, authorized agents, suppliers, sales rights, and licensing permissions. |
| Before Import Arrangement | Brand name, logo, character, product appearance, model number, supplier | Invoice product names are vague, making it unclear if the cargo poses IP risks | Collect product photos, sales pages, model numbers, packaging, and tag information. |
| At Customs Declaration | Authenticity, licensing permission, supply chain, rights relationships | Unable to submit license agreements, official sales proof, or purchase documentation | Share not only product names but also product labels and supplier documentation with the customs broker. |
| Customs Verification / Customs Hold | Cargo photos, sales pages, rights holder materials, consent documents | Unable to contact the importer, with response deadlines approaching | Organize response deadlines, necessary documents, storage location, and expected costs. |
| Certification Procedure Initiation | Determination of whether the importer will submit statements and evidence within the deadline | Importer does not understand intellectual property infringement issues | Encourage expert consultation as needed and decide the submission strategy. |
| Certification Procedure Result | If certified as non-infringing, proceed with import permission; if certified as infringing, consider disposal, voluntary abandonment, consent acquisition, and similar measures | Storage fees, disposal costs, sales plans, and cost burden with the shipper become issues | Organize cost allocation, disposal methods, sales plans, and explanations to business partners. |
When "I Didn’t Know" Is Not an Excuse
Even if the importer claims they “didn’t know it was counterfeit” or that the overseas seller assured the goods were genuine, if the cargo itself is deemed intellectual property infringing goods, import may be prohibited.
Especially for products sourced through e-commerce sites, overseas supplier sites, auctions, or personal import agents, it is important not to rely solely on seller explanations but to obtain documentation verifying authenticity, rights holder permission, and clean supply chain.
Also, counterfeit goods sent from overseas businesses for personal use, not for resale, may still be subject to import prohibitions. Smaller shipments and international mail are not excluded from customs verification.
Common Misunderstandings
| Common Misunderstandings | Actual Perspective | Practical Points to Note |
|---|---|---|
| Because it is normally sold overseas, it can be imported | Whether something is sold overseas and whether it can be imported into Japan are separate issues. | Documentation explaining the rights relationship in Japan, usage permissions, and procurement routes is necessary. |
| There is no problem because the seller claims it is genuine | The seller's explanation alone may be insufficient as proof of authenticity or legitimate procurement. | Verify proof of authorized sale, purchase documentation, relationship with the rights holder, and sales authorization. |
| Intellectual property infringement is not an issue for small quantities or personal use | Even small quantities, such as counterfeit goods sent from overseas businesses, may be subject to customs review. | Be cautious with small shipments, international mail, and overseas e-commerce involving brand goods or character goods. |
| If there is no logo, it is not an intellectual property infringing item | Even without a logo, the product’s appearance or shape may resemble a registered design. | Confirm the possibility of design rights infringement or shape imitation under the Unfair Competition Prevention Act. |
| There is never a problem with Parallel Import | Even genuine products may require verification if they cannot explain authenticity, the relationship between rights holders inside and outside Japan, or substantial quality equivalence. | Check procurement routes, official overseas distribution, quality equivalence, and sales area restrictions. |
| Once customs is on hold, it is immediately confirmed as an illegal product | Customs hold means verification is needed, not necessarily confirmation of illegality. | However, failure to provide documentation could lead to certification procedures or refusal of import. |
| Cargo insurance covers the costs of prohibited imports or disposal | Losses arising from intellectual property infringement or import prohibition are different in nature from typical physical damage during transportation. | This should be addressed not by insurance but through pre-purchase rights verification, contractual liability, and importer risk management. |
Difference from Parallel Import
One item often confused with intellectual property infringing goods is Parallel Import. Parallel Import refers to transactions where genuine products legally distributed overseas are imported through routes other than the domestic authorized agents.
If the product is genuine and lawfully distributed by the rights holder or parties related to the rights holder, it does not immediately constitute intellectual property infringing goods.
On the other hand, products that only look similar to brand goods, products that use logos without authorization, or counterfeit goods disguised as genuine products are considered intellectual property infringing goods, not Parallel Import.
Even with Parallel Import, if authenticity, the relationship between rights holders abroad and in Japan, substantial quality equivalence, and procurement routes cannot be explained, customs verification may be required upon import. The criteria for judging Parallel Import are organized in a separate article titled "Parallel Import".
Points to Note in Forwarder and Customs Clearance Practice
Freight forwarders and customs brokers are not in a position to make final judgments about cargo rights. However, if invoices, product photos, product descriptions, brand names, model numbers, or importer business details clearly raise concerns, they should encourage the importer to verify these.
The types of cargo that require special attention include the following:
- Low-priced items bearing famous brand logos
- Miscellaneous goods or clothing using character or anime images
- Brand goods not from authorized distributors
- Cargo where product photos and invoice descriptions do not match
- Items described as "OEM" or "no brand" but closely resembling existing brands
- Products without rights holder names or license displays on sales pages or catalogs
- Products with vague explanations of manufacturer name, brand name, or model number
- Replacement parts resembling genuine parts
- Items with appearance similar to registered designs
When there are suspicions, it is important in actual logistics practice to prompt the importer to verify documentation such as legitimate procurement certificates, sales authorization letters, license contracts, authenticity certificates, manufacturer-issued materials, product photos, and comparison materials with registered designs.
Scope of Forwarder Involvement
| Stakeholders | Main Roles | What Can Be Done | What Should Not Be Done | Practical Points to Note |
|---|---|---|---|---|
| Importer | Main party for procurement, import declaration, rights verification, and document submission | Explain authenticity, usage permission, procurement routes, and sales purpose through documentation | Decide that there is no issue solely based on seller’s explanation | Verification before procurement is most important. |
| Freight Forwarder | Transportation arrangement, verifying shipper, collecting documents, coordinating parties | Encourage the shipper to verify suspicious cargo and share information with customs brokers | Legally determine the presence or absence of rights infringement | Organize matters to check, documents to submit, deadlines, and cost risks rather than make a legal conclusion. |
| Customs Broker | Import declaration, responding to customs inquiries, organizing submitted documents | Relay customs inquiries to the importer and organize document submissions | Conclude there is no intellectual property infringement without sufficient documents | If product name, model number, markings, usage, or supplier explanations are vague, verification takes longer. |
| Customs | Border enforcement of intellectual property infringing goods, certification procedures | Verify cargo, documents, and rights information, and initiate certification procedures as needed | Guarantee legality based only on the importer’s subjective explanations | If doubts remain, customs holds or certification procedures may follow. |
| Rights Holder / Authorized Dealer | Verification regarding legitimacy, permission, and the presence of rights infringement | Involved in proof of authorized sale, usage permissions, import consents, and confirming authenticity | Expect immediate response in all cases | Delayed responses may lead to storage fees and delivery delays. |
Checklist for Decision Making
| Situation for Confirmation | Party to Check With | Items to Confirm | Actions if Issues Arise |
|---|---|---|---|
| Before Purchasing | Importer / Supplier | Rights concerning brand name, logo, character, design, technology, sales region | Confirm if rights holder approval, official sales certification, or license agreements exist. |
| Before Import Arrangement | Importer | Invoice product names, product photos, model numbers, sales page, supplier information | Collect supplementary product name information, product photos, sales page, and proof of purchase. |
| When Importing Brand Goods | Importer / Supplier | Authenticity, proof of purchase, whether purchased from authorized dealers | Request official sales certification, proof of purchase, and supply route documents. |
| When Importing Character Goods | Importer / Supplier | Usage authorization, license agreements, sales area, rights to product images | If no authorization documents exist, explain risks of customs hold or certification procedures. |
| When Design Imitation is Suspected | Importer | Similarity in appearance, shape, patterns, registered designs | Collect product photos, drawings, specifications, and comparison documents. |
| When Described as Parallel Import | Importer / Supplier | Authenticity, relationship between domestic and foreign rights holders, substantial quality equivalence, supply routes | Confirm authenticity documentation, overseas official distribution documents, and quality materials. |
| When Customs Inquiry Occurs | Customs broker / Importer | Inquiry content, response deadline, required documents, cargo storage location | Clarify response deadline and prioritize document acquisition. |
| When Import May Be Prohibited | Importer / Customs broker | Disposal, voluntary abandonment, rights holder consent, corrections, re-export feasibility, cost burden | Organize disposal methods, cost burden, sales plans, and explanations for business partners. |
Relationship with Cargo Insurance
If goods suspected of intellectual property infringement are stopped by customs, this is fundamentally different from typical transport-related damage such as breakage, water damage, or theft.
Losses caused by import prohibitions, rights violations, or legal infringements differ from accidental physical damage covered by standard marine cargo insurance and therefore should typically be treated as excluded coverage.
For example, losses such as cargo being unable to be imported, unable to be sold, disposal costs being incurred, or delivery delays due to certification as intellectual property infringing goods fall under the importer’s legal and rights compliance risks, rather than transport damage.
Therefore, importers need to verify the product's rights status, sales authorization, import eligibility, and labeling before arranging insurance.
Cargo insurance covers physical damage to goods legally transported and does not substitute for risks relating to rights infringement or import prohibitions.
Marine cargo insurance for ocean shipments varies in terms and premiums. Losses resulting from intellectual property infringement, prohibited import cargo, legal violations, or rights infringement should be considered separate issues from normal cargo incidents, so it is important to check insurance terms and exclusions in advance.
Cases Often Problematic in Practice
| Case | Reasons for Potential Issues | Documents to Check | Freight Forwarder / Customs Practice Response |
|---|---|---|---|
| Brand goods sourced from overseas e-commerce | Even if the sales page states the item is genuine, it may be unclear whether the seller is an authorized retailer. | Proof of purchase, certificate of authorized sales, supplier information, product photos | Explain that the sales page alone may be insufficient and request additional documentation. |
| Character goods | Characters are displayed on the product or packaging and permission for use may need to be confirmed. | License contracts, permission letters, certificates of authorized sales, product images | Check the existence of permission documents and share the inquiry details with the customs broker. |
| Design copies without logos | Even without logos, the appearance or shape may resemble registered designs. | Product photos, drawings, specifications, comparison materials with registered designs | Do not judge solely by the presence of logos; collect appearance-related materials. |
| Replacement parts similar to genuine items | Trademark labeling, design, model numbers, and packaging may cause confusion with genuine items. | Manufacturer information, explanation of compatible parts, purchase proof, product photos | Clarify whether the parts are genuine or compatible and verify labeling details. |
| Pirated DVDs and unauthorized duplicated software | Infringements on copyright and related rights can become an issue. | Authorized sales documents, license documents, proof of purchase, product photos | Confirm product content and sales authority, and explain risks before customs clearance if doubts arise. |
| Extremely cheap brand goods | If the price is significantly below market value, authenticity and procurement routes may be questioned. | Proof of purchase, procurement contracts, price explanation documents, seller information | Do not judge by price alone; verify the procurement route and seller’s legitimacy. |
| Cargo mistakenly assumed to be covered by insurance | Import bans or prohibition due to rights infringement differ from physical damage in normal transport. | Insurance terms, exclusion clauses, import eligibility documents, procurement contracts | Handle this as a rights confirmation and contractual liability issue before purchase, rather than an insurance claim. |
| Cargo deemed unimportable after certification procedures | If certified as intellectual property infringing goods, disposal or voluntary abandonment becomes an issue. | Certification results, rights holder consent status, disposal costs, storage fee details | Organize disposal methods, cost responsibility, and impact on sales plans and communicate to the shipper. |
Practical Scenario 1: Cases Where Brand Goods Are Suspected of Trademark Infringement
There are cases where importers purchase brand-logoed bags or wallets from overseas e-commerce sites and attempt to sell them domestically in Japan.
The invoice simply states "fashion goods" without clearly listing brand names or model numbers. During customs inspection, a well-known brand's logo is identified, triggering suspicion of trademark infringement.
If the importer can only submit a screenshot of the sales page and cannot provide proof of authorized sales or purchase proof, customs clearance may be halted and certification procedures may be initiated. In such cases, issues arise regarding storage fees, delivery delays, impact on sales plans, disposal costs, and cost allocation with the shipper.
Practical Scenario 2: Cases Where Usage Permission Cannot Be Confirmed for Character Goods
Importers sometimes source anime character stickers or keychains from overseas manufacturers.
Characters are displayed on the product or packaging, so customs requires confirmation of usage permission. Even if the importer states that the goods are "commonly sold overseas," this explanation is insufficient as documentation to prove rights holder permission.
Without submitting license contracts, permission letters, or certificates of authorized sales, customs clearance delays may extend and certification procedures may become necessary.
Practical Scenario 3: Cases Where Appearance Resembles Registered Designs
Importers may bring in furniture or smartphone accessories without logos.
Though the products do not display brand names, their appearance resembles famous products, prompting investigations for design rights infringement. Even if the importer argues "there are no logos, so there is no issue," this is inadequate because design rights concern the appearance itself.
Product photos, sales pages, specifications, drawings, and comparative materials with registered designs may be required.
Practical Scenario 4: Cases Misunderstood to Be Covered by Insurance
Importers bringing in brand goods may find their cargo stopped at customs on suspicion of intellectual property infringement.
Some importers believe that losses due to inability to import or disposal costs are covered under their marine cargo insurance because they have purchased it.
However, marine cargo insurance generally covers physical damage caused by accidental external events during transport and does not automatically cover losses due to intellectual property infringement or import prohibition.
In these cases, risk management should focus on rights confirmation before purchase, preparation of customs documentation, contractual responsibilities with sellers, and the importer's internal controls rather than insurance claims.
Practical Confirmation Points
To avoid intellectual property infringing goods, it is important to confirm the following points before importation.
- Whether there is permission to use the brand name, logo, or design
- Whether there are purchase documents or certification materials proving authenticity
- Whether there are any unauthorized use indications on product images, packaging, or manuals
- Whether rights clearance has been completed for characters, illustrations, photos, music, videos, and similar materials
- For Parallel Import, whether there are materials explaining the product’s authenticity
- Whether labeling, advertising, and product explanations for domestic sales contain misleading expressions
- Whether there is a system in place to promptly submit documents if notified by customs of the start of certification procedures
- Whether contractual arrangements confirm cost responsibility in case of import prohibition, disposal, storage fees, or sales delays
Division of Roles with the Counterfeit Goods Article
“Counterfeit Goods” is a general and hub article on goods likely to be problematic as intellectual property infringing cargo in practical logistics. It organizes what kinds of goods, such as counterfeit items, fake branded products, pirated goods, character goods, and appearance-imitating goods, are often problematic at import sites.
In contrast, this article, “What Are Intellectual Property Infringing Goods,” primarily clarifies legal aspects such as import-prohibited cargo under the Customs Act, applicable rights, import suspension petitions, certification procedures, and distinctions from cargo insurance.
In practice, it is recommended first to check the legal positioning in this article, and then to refer to “Counterfeit Goods”, “Trademark Infringing Goods”, “Design Right Infringing Goods”, “Copyright Infringing Goods”, “Brand Goods Import”, “Importing Character Goods”, “Parallel Import”, and “Rights Holder Confirmation and Customs Hold” for specific types of cargo.
Summary
Intellectual property infringing goods refer to items that may infringe trademark rights, design rights, copyrights, neighboring rights, patent rights, utility model rights, layout-design rights, breeders' rights, and similar rights, or goods subject to certain violations under the Unfair Competition Prevention Act.
In import practice, this is an important regulatory area subject to customs enforcement, import suspension petitions, certification procedures, and customs holds. Not only counterfeit, pirated, or imitation items, but also brand goods for which authenticity cannot be explained, character goods without rights holder permission confirmation, or products imitating designs may potentially cause issues at import.
Importers, freight forwarders, and customs-related parties need to verify in advance not just “whether the product will arrive,” but also “whether it is permissible to import that product into Japan,” “whether rights holders’ rights are infringed,” and “whether documents explaining this are available to customs.”
Intellectual property infringing goods are a critical point where import-prohibited cargo under the Customs Act, border enforcement, certification procedures, and cargo insurance coverage exclusions intersect. Pre-purchase rights verification and document preparation are the most important preventive measures.
