Border enforcement, a growing trend
Border enforcement by Japan Customs is an effective option for IP right holders. It is easier to shut infringing products out of the Japanese market than exploring and identifying each alleged product or infringer after the product has already entered Japan. According to statistics provided by Japan Customs last month, the number of import suspensions (“suspensions”) was almost 6,000 and prevented some 173,000 items from entering the Japan in the First Quarter of 2010 (January to March), an increase of 1.4 percent over the corresponding period in the previous year.
Although Japan Customs is empowered to act on its own initiative to seize suspected goods, IP right holders can also file an application for border enforcement with Japan Customs requesting the seizure of suspected goods. Most of the suspensions by Japan Customs are the result of such applications. When filing the application, IP right holder must submit a copy of the Register, Publication or any other documents that defines the IPR, prima facie evidence of infringement, an explanation of how to distinguish genuine products from infringing ones, etc. But once the Customs acknowledges that there is sufficient evidence of infringement and accepts the application, the request will take effect nationwide for two years (renewable).
As of July 2010, there were only 168 valid requests for border enforcement based on trademark rights, however, most applicants are owners of well-known brand such as “ROLEX,” “LOUIS VUITTON,” “CHANEL,” “HERMES,” etc. Please refer to the attached PDF file (unfortunately, only available in Japanese, but several well-known brands stand out.).
Although requests for border enforcement filed by trademark owners represent only 54% of all border enforcement requests currently on file, 98.8% of all suspensions in the period from January to March 2010 were the result of those requests, which shows that the main beneficiaries of the border enforcement system are trademark owners, especially the owners of trademarks extremely well-known worldwide. They may have noticed the efficiency of border enforcement and are taking full advantage of it to protect their IP rights.
As well as IP right holders, Soei is always interested in eliminating infringing products any way we can. We believe that border enforcement is a useful option, and increasing use of border enforcement by Japan Customs is a secret trend in the IP field in Japan, especially for trademarks.