Rights Verification and Customs Clearance Hold
Interlink編集部What Are Rights Holder Confirmation and Customs Hold?
Rights holder confirmation and customs hold refer to practical situations where customs temporarily stops the import process for goods suspected of intellectual property rights infringement and checks the legitimacy of the cargo, rights relationships, usage permissions, procurement routes, product labeling, and appearance.
The target goods include counterfeit goods, brand goods, character goods, design imitation products, pirated goods, parts resembling genuine parts, products bearing logos, and products resembling registered designs.
If there are doubts about appearance, labeling, product names, prices, suppliers, sales pages, packaging, tags, manuals, or model numbers, customs may not proceed with import clearance as usual and may move into a verification stage.
At this stage, the cargo has not yet been finally confirmed as illegal. The key issue is whether the importer can explain, with documentation, that the goods are genuine, authorized by the rights holder, or do not constitute rights infringement.
Scope Covered in This Article
This article organizes the practical flow for intellectual property-related cargo, including customs verification, rights holder confirmation, customs hold, certification procedures, and import suspension.
A customs hold refers to the practical situation where customs verification or document submission is required and import approval is temporarily stopped. A certification procedure is the procedure used by customs to decide whether suspected infringing goods constitute intellectual property-infringing goods.
In other words, a customs hold and a certification procedure are not the same. A customs hold is the initial verification stage, while a certification procedure is the procedural stage for deciding whether the goods constitute intellectual property infringement.
| Item | Content Covered in This Article | Content Covered in Other Articles |
|---|---|---|
| Basics of Rights Holder Confirmation | This article covers practical confirmation of legitimacy and usage permissions related to brand names, logos, characters, designs, copyrighted works, and similar elements. | Individual infringement judgments for trademarks, design rights, and copyrights are covered in detail in the dedicated articles. |
| Customs Hold | This article covers the state where customs verification or document submission is required and import approval is temporarily stopped. | Post-import suspension handling and detailed formal certification procedures are discussed in the Certification Procedures article. |
| Difference from Certification Procedures | A customs hold is the initial verification stage, while certification procedures are the procedural stage for deciding whether goods constitute intellectual property infringement. | Notices, opinion submissions, evidence presentation, non-infringement certification, and actions after infringement certification are covered in the Certification Procedures article. |
| Relation to Counterfeit Goods | This article discusses how rights holder confirmation and customs holds often arise with goods suspected of being counterfeit. | The overall concept of counterfeit goods and intellectual property-infringing goods is covered in the Counterfeit Goods article. |
| Relation to Brand Goods and Parallel Imports | This article explains cases where even genuine goods may require explanations about procurement routes or authenticity. | The Brand Goods Import and Parallel Import articles discuss authenticity, procurement routes, and domestic and international rights holder relationships in detail. |
| Freight Forwarder Practical Response | This article covers shipper confirmation, document collection, coordination with customs brokers, deadline management, and explanation of cost risks. | Legal judgments of rights infringement and preparation of importer opinion letters are covered by specialists and in the Certification Procedures article. |
| Cost Risks | This article covers storage fees, inspection attendance fees, translation fees, disposal costs, and re-delivery arrangement costs. | Container-related charges such as demurrage, storage, and detention are covered in the respective cost-related articles. |
Flow Leading to Customs Hold
A customs hold may arise from customs inspections, document reviews, cargo inspections, rights holder information, import suspension applications, past enforcement cases, or unnatural product markings.
For example, if a product with a brand logo has an unclear supplier, if a character product has no confirmed usage permission, or if a product lacks a logo but resembles the design of a famous product, customs or customs brokers may request additional verification.
At this stage, it has not yet been decided that the cargo falls under intellectual property-infringing goods. However, if the importer cannot submit documents, cannot explain authenticity, rights holder confirmation becomes necessary, or customs considers the item suspicious, the process may proceed to certification procedures.
What Is Rights Holder Confirmation?
Rights holder confirmation is the practical process of confirming whether the brand name, logo, character, design, shape, copyrighted work, or similar element displayed on the goods is authorized by the rights holder, whether the goods are genuine, or whether the goods do not constitute rights infringement.
Confirmation may be conducted by the importer through its supplier or the rights holder. It may also take the form of document requests made through a customs broker. During customs verification, the importer may be asked to explain authenticity or usage permission.
Freight forwarders do not judge whether there is rights infringement. They act as coordinators who collect documents from the shipper, liaise with customs brokers, and organize deadlines and cost risks.
The key in rights holder confirmation is not an explanation based on “we believe this is genuine,” but the ability to demonstrate authenticity, usage permission, procurement routes, and relationships with rights holders through documentation.
Difference Between Customs Hold and Certification Procedures
Customs holds and certification procedures are often confused in practice, but they are not the same.
| Category | Positioning | Main Points to Confirm | Stakeholders | Practical Notes |
|---|---|---|---|---|
| Customs Verification | Stage where doubts arise about documents, actual goods, markings, price, suppliers, or similar matters | Product name, quantity, price, product photos, sales pages, labeling details | Customs, customs brokers, importers, freight forwarders | Gathering documentation promptly at this stage may help avoid a prolonged customs hold. |
| Customs Hold | Temporary stop of import approval pending additional verification | Authenticity, supply route, usage permission, rights holder relationship | Customs, customs brokers, importers, freight forwarders | This does not confirm illegality, but delays with insufficient documentation may increase costs and delivery risks. |
| Rights Holder Confirmation | Practical confirmation of relationship with the rights holder or authorized dealer, permission, and authenticity | Proof of authorized sale, license agreements, usage permits, sales authority | Importer, supplier, rights holder, authorized dealer | Sales pages and verbal explanations alone may be insufficient. |
| Certification Procedure | Procedure stage where customs decides whether the goods constitute intellectual property-infringing goods | Opinion letters, evidence documents, rights relationships, explanations of non-infringement | Customs, importer, rights holder | Opinions and evidence must be submitted within the deadline, and deciding the response strategy is important. |
| Import Suspension and Disposal Consideration | Process stage when goods are certified as infringing goods | Destruction, voluntary abandonment, rights holder consent, remedial measures such as alteration, possibility of return | Importer, customs, rights holder, customs brokers, freight forwarders | Costs, sales plans, and partner relations need to be carefully arranged. |
Relationship with Certification Procedures
If, during customs verification or a customs hold, the cargo is considered likely to constitute intellectual property-infringing goods, the process may proceed to a certification procedure.
In the certification procedure, customs notifies the importer and the rights holder, and the importer must submit opinions and evidence within a specified deadline.
The importer needs to explain that the cargo is authentic, has permission from the rights holder, has no issue as a parallel import, and does not infringe registered designs or copyrighted works.
If the certification procedure concludes that the cargo is not intellectual property-infringing goods, import approval proceeds. If the goods are certified as infringing, issues such as destruction, voluntary abandonment, obtaining an import consent letter from the rights holder, remedial actions such as cutting or alteration, and other processing measures may arise.
What Should Be Confirmed Before Proceeding to a Certification Procedure?
At the customs hold stage, an important point is how much documentation the importer can gather to explain its position before moving on to a certification procedure.
For brand goods, documents proving legitimate sourcing, seller information, product model numbers, and purchase verification are important. For character goods, license agreements, usage permits, and authorized sales certificates are critical.
For goods where design rights are an issue, product photos, drawings, specifications, and comparison materials with registered designs are important. For goods where copyright is relevant, documents showing usage permissions for images, illustrations, text, characters, or software are important.
If documentation is insufficient and time passes, response deadlines, storage fees, delivery delays, and impacts on sales plans become more significant.
Workflow in Practice
| Stage | Main Points to Verify | Common Reasons for Delays | Practical Responses |
|---|---|---|---|
| Before Import Arrangement | Brand name, logo, characters, design, supplier, purpose of sale | Invoice product names are vague, making it unclear whether there is intellectual property risk | Pre-check product photos, sales pages, supplier information, and the presence of permission documents. |
| At Customs Declaration | Product name, price, quantity, supplier, product photos, sales pages | Shipper lacks product images or supplier information | Share not only product names but also actual item markings and sales page information with the customs broker. |
| Customs Verification / Inspection | Logo, trademark, characters, appearance, packaging, tags | Mismatch between cargo appearance and documentation requiring additional verification | Check inquiries from customs and specifically request required documents from the shipper. |
| Customs Hold | Authenticity, usage permissions, rights holder confirmation, supply route | Unable to submit proof of authorized sale or license documents | Organize response deadlines, storage location, incurred costs, and available documents to submit. |
| Start of Certification Procedure | Decision on whether the importer submits an opinion letter and evidence within the deadline | Importer does not understand the procedure or deadline is approaching | Coordinate with customs brokers and experts if needed to decide the response strategy. |
| Certification Procedure Results | If certified as non-infringing, proceed with import approval; if certified as infringing, consider disposal, voluntary abandonment, or rights holder consent | Storage fees, destruction costs, sales plans, and cost issues with the cargo owner | Organize cost allocation, disposal methods, partner communications, and sales plan adjustments. |
Required Actions of the Importer
Importers need to explain that the cargo is authentic, has rights holder permission, or does not constitute rights infringement.
In actual logistics practice, the following types of documentation may be requested.
- Supplier information
- Invoices, purchase orders, purchase proofs, payment records
- Purchase agreements, master trading agreements
- Certificates of authorized sales, certificates of authorized agents
- License agreements, usage permits
- Product photos, package photos, tag and label photos
- Product catalogs, model number materials, specifications, drawings
- Sales pages, order history, seller information
- Certificates from rights holders or authorized agents
- Materials explaining non-similarity to registered designs or copyrighted works
These materials are used not just to claim “this is genuine,” but to explain authenticity, usage authorization, procurement routes, and reasons why rights infringement does not apply.
Role of the Freight Forwarder
The freight forwarder is not in a position to judge the presence or absence of rights infringement. However, in practice, the forwarder acts as a coordinator among the shipper, customs broker, warehouse, and delivery destination.
When receiving confirmation requests from customs or customs brokers, the freight forwarder should promptly inform the shipper of the situation and urge submission of the necessary documents. The forwarder should also share, as early as possible, the impact on delivery schedules due to customs delays, storage fees, additional costs, effects on sales plans, and potential disposal or return.
The freight forwarder should be careful not to make definitive statements such as “these are genuine products” or “there is no rights infringement.” The freight forwarder's role is to verify facts, collect materials, coordinate with customs brokers, manage deadlines, and explain cost risks.
Scope of Freight Forwarder Involvement
| Stakeholder | Main Role | What They Can Do | What They Should Not Do | Practical Notes |
|---|---|---|---|---|
| Importer | Procurement of cargo, import declaration, document submission, bearing costs | Explain authenticity, usage authorization, procurement routes, and sales purposes with documents | Explain “no issues” without documents | Preparing documents at the customs hold stage is a critical turning point before proceeding to certification procedures. |
| Freight Forwarder | Transport arrangements, confirmation with the shipper, document collection, coordination with customs brokers | Organize the situation and inform the shipper of necessary documents and deadlines | Legally determine the presence or absence of rights infringement | Avoid definitive expressions and accurately communicate confirmation points and procedure status. |
| Customs Broker | Import declaration, responding to customs inquiries, organizing submitted documents | Convey customs inquiry details to the importer and organize document submissions | Determine absence of rights infringement without sufficient documents | If product names, model numbers, markings, uses, or supplier explanations are unclear, verification will be prolonged. |
| Customs | Confirming whether the goods fall under intellectual property infringement and handling related procedures | Verify based on cargo, documents, and rights information, and proceed with certification procedures as necessary | Guarantee legality based only on the importer’s subjective explanations | If doubts remain, customs holds or certification procedures may occur. |
| Rights Holders / Authorized Agents | Confirming authenticity, authorization, and presence or absence of rights infringement | Involved in certificates of authorized sales, usage permits, import consent, and genuine product verification | Expect immediate responses for all cases as a matter of course | Delays in responses can increase storage fees and delivery delays. |
Decision Checklist
| Situation | Party to Confirm With | Items to Confirm | Response if Problems Are Found |
|---|---|---|---|
| When import arrangements are received | Importer / Shipper | Brand name, logo, character, design, shape, sales purpose | Check the presence of product photos, sales pages, supplier information, and authorization materials. |
| When invoice product name is ambiguous | Importer / Supplier | Actual product name, model number, brand markings, usage, quantity | Obtain supplementary product names, product photos, and model number materials and share them with customs brokers. |
| When importing brand goods | Importer | Authenticity, proof of purchase, whether sourced from authorized dealers | Request certificates of authorized sales, purchase proofs, and procurement route materials. |
| When importing character goods | Importer / Supplier | Usage authorization, license agreements, sales territories, intellectual property relationships of product images | If no authorization documents are available, explain the risks of a customs hold or certification procedures. |
| When suspected of design right infringement | Importer | Appearance, shape, patterns, similarity to registered designs | Collect product photos, drawings, specifications, and comparison materials. |
| When customs requests confirmation | Customs Broker / Importer | Inquiry contents, response deadlines, required documents, cargo storage location | Clarify response deadlines and prioritize document collection. |
| When the customs hold is extended | Importer / Warehouse / Delivery destination | Storage fees, delivery schedule, sales plans, impact on delivery destinations | Share prospects of additional fees and delivery delays early. |
| When proceeding to certification procedures is likely | Importer / Customs Broker | Whether submission of opinion statements or evidence is required, voluntary abandonment, disposal, or consent form acquisition possibilities | If necessary, encourage specialist confirmation and decide on the response policy within deadlines. |
Common Misunderstandings
During rights holder confirmation and customs holds, there are cases where the response is underestimated even though the goods are still at the stage of “not yet confirmed illegal.”
| Common Misunderstanding | Actual Understanding | Practical Notes |
|---|---|---|
| Once the goods are on customs hold, they are confirmed illegal | A customs hold means verification is needed and import approval is temporarily stopped. | It does not mean illegality is confirmed, but failure to submit documents may lead to certification procedures. |
| Certification procedures and customs hold mean the same thing | A customs hold is the initial verification stage, while certification procedures involve deciding whether the goods infringe intellectual property rights. | The current stage should be confirmed with the customs broker, and response deadlines should be understood. |
| It is sufficient if the sales page states that the product is genuine | The sales page alone may be insufficient as proof of authenticity or legitimate sourcing. | Purchase proofs, certificates of authorized sales, supplier information, and the relationship with the rights holder should be verified. |
| If the product is normally sold overseas, there is no problem | Being sold overseas and being allowed for import into Japan are separate issues. | Intellectual property relationships, usage licenses, and procurement routes in Japan must be confirmed. |
| The freight forwarder will verify rights holder matters on behalf of the shipper | The freight forwarder is not the rights infringement judge but acts as the coordinator for document collection and communication. | Rather than providing conclusive answers, the forwarder organizes check items, submission documents, deadlines, and cost risks. |
| Removing logos will always allow import | Removing markings may resolve some issues, but appearance, characters, or copyrighted material itself may still be problematic. | Customs decisions, rights holder responses, feasibility of modifications, and product characteristics should be confirmed. |
| Small quantities of cargo will not trigger a customs hold | Even small quantities may be subject to verification if suspected of intellectual property rights infringement. | Attention is needed for overseas e-commerce, small freight, samples, and promotional items. |
Costs When a Customs Hold Is Prolonged
When a customs hold lasts for a long time, issues may arise with cargo storage fees, inspection attendance costs, document preparation fees, translation costs, re-delivery costs, and lost sales opportunities.
For FCL cargo, depending on the customs hold situation, container-related fees such as demurrage, storage, or detention may become significant. For LCL cargo and air cargo, warehouse storage fees, handling charges, and re-delivery costs may also be incurred.
If certification procedures conclude that import is not permitted, disposal costs, voluntary abandonment, return feasibility, obtaining rights holder consent letters, and feasibility of corrective measures must be considered.
Who bears these costs is organized based on contracts among the importer, shipper, seller, freight forwarder, and customs broker, as well as the cause of the problem.
Common Problematic Cases in Practice
| Case | Reasons for Frequent Issues | Documents to Confirm | Freight Forwarder's Response |
|---|---|---|---|
| Brand goods purchased via overseas e-commerce | Even if the sales page states genuine, it may be unclear whether the seller is an authorized retailer. | Purchase proof, certificates of authorized sales, supplier information, product photos | Explain that the sales page alone may be insufficient and request additional materials. |
| Character goods | Characters displayed on products or packaging may require verification of usage licenses. | License agreements, usage permission documents, certificates of authorized sales, product images | Confirm the presence or absence of permission documents and share inquiry details with the customs broker. |
| Design imitation products without logos | Even without logos, appearance or shape may be similar to registered designs. | Product photos, drawings, specifications, comparison materials with registered designs | Do not rely solely on logo presence; collect appearance documents. |
| Replacement parts similar to genuine products | Trademarks, designs, model numbers, and packaging may cause confusion with genuine parts. | Manufacturer documents, compatibility explanations, purchase proofs, product photos | Clarify whether the item is genuine or compatible and confirm labeling. |
| Novelties and promotional items | Even if not for sale, unauthorized use of brand logos or characters may occur. | Design approval materials, usage licenses, purchase orders, product sample images | Do not assume safety simply because the item is not for sale; verify usage rights. |
| Cargo with vague invoice descriptions | Descriptions such as “parts,” “goods,” or “accessories” do not clarify intellectual property risks. | Detailed item names, model numbers, usage, product photos, sales pages | Request detailed descriptions and share specific explanations with the customs broker. |
| Extremely inexpensive products | Extremely low prices compared to market norms may raise doubts about authenticity or procurement routes. | Purchase proof, procurement contracts, price explanation documents, seller information | Do not judge on price alone; verify procurement routes and seller legitimacy. |
| Cargo deemed unimportable after certification procedures | When goods are certified as infringing, disposal or voluntary abandonment issues arise. | Certification results, rights holder consent availability, disposal costs, storage fee details | Organize disposal methods, cost responsibility, and impact on sales plans, and report to the cargo owner. |
Cargo to Be Especially Careful Of
The following types of cargo are more likely to involve rights holder confirmation and customs holds.
- Brand goods
- Products with logos
- Character goods
- Highly designed products
- Parts resembling genuine items
- Miscellaneous goods resembling the appearance of famous products
- Products sourced from overseas e-commerce purchases
- Extremely low-priced products
- Products with unclear suppliers
- Cargo with vague product names on the invoice
Special caution is required particularly for first-time transactions, overseas e-commerce sourcing, numerous small-lot cargo, and continued imports for resale purposes.
Practical Scenario 1: Case of Customs Hold Due to Brand Goods
An importer procures a bag with a brand logo from an overseas e-commerce site, aiming to sell it within Japan.
During customs clearance, customs authorities request verification of authenticity, resulting in a temporary customs hold. The importer only has a screenshot of the sales page and cannot provide proof of authorized sale or purchase.
In this case, the freight forwarder contacts the shipper promptly to expedite submission of documents and shares the situation with the customs broker. If documents are incomplete, the process may advance to certification procedures, causing issues such as storage fees and delivery delays.
Practical Scenario 2: Case Where Usage Permission for Character Goods Cannot Be Confirmed
An importer procures anime character goods from an overseas manufacturer.
The product itself and its packaging display the characters, prompting customs to request confirmation of usage permission. Even if the importer explains that the products were “normally sold overseas,” this is insufficient as proof of rights holder permission.
If a usage license, license agreement, or certificate of authorized sale cannot be submitted, the customs hold may be prolonged, with the possibility of advancing to certification procedures.
Practical Scenario 3: Case Requiring Appearance Verification for Design Imitation Products
An importer brings in furniture or smartphone accessories without logos.
Although the products do not display brand names, their appearance resembles that of well-known products, prompting requests for verification on suspicion of design right infringement. In this case, product photos, sales pages, specifications, drawings, and comparison materials with registered designs may be required.
The freight forwarder should not assume that the absence of a logo means there is no issue. The forwarder should collect appearance-related materials from the shipper and coordinate with the customs broker.
Practical Scenario 4: Case Where Import Is Judged Not Possible After Certification Procedures
After a customs hold, the process may proceed to certification procedures, and customs may certify the goods as intellectual property-infringing goods.
In this case, the importer must consider disposal, voluntary abandonment, obtaining an import consent letter from the rights holder, or corrective actions. Depending on the nature of the cargo, removing logos may not guarantee import approval, as the appearance itself or character depictions could be problematic.
The freight forwarder and customs broker do not determine rights infringement on behalf of the importer but communicate customs procedures, deadlines, storage fees, disposal costs, and whether return is possible in an organized manner.
Relationship with Counterfeit Goods, Trademark Infringing Goods, and Design Right Infringing Goods
"Counterfeit Goods" serves as a general overview and hub article for cargo subject to intellectual property infringement.
"Trademark Infringing Goods" organizes cargo where trademark displays such as brand names, logos, or marks are at issue.
"Design Right Infringing Goods" organizes cargo in terms of whether product shape, appearance, design, or patterns resemble registered designs.
"Copyright Infringing Goods" covers unauthorized use of copyrighted works including characters, images, text, music, and software.
"Brand Goods Import" organizes issues related to authentic goods, genuineness, sourcing routes, parallel imports, and customs verification.
"Parallel Import" organizes decision factors when importing genuine goods via routes different from official distributors.
This article, "Rights Holder Confirmation and Customs Hold," cross-cuts these topic-specific articles by addressing customs verification, customs holds, rights holder confirmation, and transition to certification procedures.
Practical Points of Attention
Rights holder confirmation and customs holds are important practical issues that often arise with cargo related to intellectual property rights.
At this stage, the cargo is not determined to be illegal, but if the importer cannot explain authenticity or usage authorization, customs delays or certification procedures may follow.
The freight forwarder acts as an intermediary, not a decision-maker, handling confirmations with the shipper, document organization, coordination with customs brokers, and schedule management.
For questionable cargo, it is important to check product photos, sales pages, supplier information, and permission documents early, organizing risks before customs clearance.
Summary
Rights holder confirmation and customs hold are practical measures performed when imported cargo is suspected of intellectual property infringement, involving customs checks, document submissions, and rights holder confirmation.
A customs hold is the initial stage where import is temporarily stopped for verification, while certification procedures are the subsequent stage where customs decides whether the goods constitute intellectual property infringement.
Importers must demonstrate authenticity, usage permission, sourcing routes, and reasons why the goods are not infringing through documentation.
Freight forwarders are not the adjudicators of rights infringement but are responsible for confirmations with shippers, collecting documents, coordinating with customs brokers, managing deadlines, and explaining cost risks.
Rights holder confirmation and customs hold represent a critical decision point before import suspension or certification procedures, making early document preparation and information sharing among stakeholders the most important response measures.
