RYUKA & PARTNERS > Trademark Filings in Japan > Customs Surveillance

Import Surveillance

A Trademark right holder can request a customs to stop the import of counterfeit goods infringing on a trademark right at the border.
Counterfeit goods illegally manufactured abroad can be prevented from entering into Japan.
The cost of a trial is low and a decision is reached quickly.

A trademark right holder may request a customs superintendent for a surveillance on the import of infringing counterfeit goods when counterfeit goods is imported.
If the application is accepted, the infringing goods are held by customs.
If an import surveillance application is field to the Tokyo customs office, for example, the Tokyo customs office will send the application to all customs offices in Japan. Therefore, the injunction can be enforced throughout Japan.
The application must fulfill the following three conditions.

A. There must be infringement
B. There must be a description of the infringement
C. Customs must be able to determine that the goods are counterfeit

For condition A, this infringement applies not only to infringing goods (counterfeit goods) that have actually been imported, but also to counterfeit goods that are expected to be imported.
Condition B can be achieved by providing goods suspected of infringing, a photograph of these goods, or an expert written opinion from an attorney.
Condition C can be fulfilled by providing a sample, photograph, or catalog, for example, indicating a way of distinguishing the real goods from the counterfeit goods.

Export Surveillance

A Trademark right holder can request a customs to stop the export of counterfeit goods infringing on a trademark right at the border.
Counterfeit goods illegally manufactured in Japan can be prevented from spreading abroad.
The cost of a trial is low and a decision is reached quickly.

The maximum period of an import/export surveillance application is 2 years, and the requested period is decided by the applicant (the trademark right holder). The period can be changed.
In 2010, 519,274 counterfeit goods were stopped by import surveillance based on infringement of trademark rights. RYUKA & PARTNERS has acted as an agent for the Italian suit company Armani to obtain a surveillance with customs based on trademark right infringement, and we have handled over 20 cases of counterfeit goods import in a busy month, all of which have been stopped smoothly by us. (April 2011)
When we at RYUKA & PARTNERS receive a request, it usually takes 2 to 3 weeks until our import surveillance application is received by customs. After this, customs finds the potential infringing goods and begins their investigation, and a decision about whether a surveillance is possible will be issued approximately 1 month later.

If you require any more information or have any questions, please feel free to contact us.