Kyodo News Agency reported that on the 16th, the Japan Charter Office decided that in order to strengthen the control of the import of counterfeit goods and other counterfeit brand goods, it would begin to explore the amendment of the Trademark Law and the Italian Craftsman Law (or the Design Law).
This is to cope with the surge in transactions of overseas merchants directly delivering goods to individuals under the background of the popularity of e-commerce online shopping. Not only are merchants imported, but also self-use goods will become the object of customs confiscation. The matter is planned to be submitted to next year’s regular Congress.
The draft report on generic response was presented and approved at the expert meeting held on the 16th. This move is to prevent counterfeit products from flowing into Japan at ports and to newly define overseas merchants who ship goods to infringe trademark rights.
Individuals who buy goods will continue the current measures and not be punished.
According to Japan’s current Trademark Law, if domestic merchants import or buy or sell imitations, criminal penalties will be applied on the ground of infringement. On the other hand, the situation of self-use does not constitute infringement.
According to the report, Japan’s customs prevents imports from violating intellectual property rights, most of which are from China.
If the market price of counterfeits that were blocked from importation in 2019 is estimated by formal products, the total amount is about 12.8 billion yen
