Status of Suspension of Intellectual Property Infringing Goods at Customs in the First Half of 2024* ~In view of the revision of the Customs Law effective October 1, 2022~

On September 6, 2024, the Ministry of Finance published the “Status of Suspension of Intellectual Property Infringing Goods at Customs in the First Half of 2024.” We would like to report on some noteworthy points on this matter.

The number of import suspension cases in the first half of 2024 was 18,153, which is an increase from 15,616 in the first half of last year, and the highest number ever.

Mails accounted for 87.4% (15,866 cases) and general cargos accounted for 12.6% (2,287 cases) of the total number of import suspension cases in the first half of 2024, both of which are on the increase compared to the same period last year.

The Trademark Law and the Design Law, which were revised in May 2021, clarified that the importation of counterfeit goods into Japan through cargos, or other means, by overseas business operators is an act of infringement (effective October 1, 2022). Based on this, the Customs Law was also revised in March 2022, and counterfeit goods brought into Japan through cargos, or other means, by overseas business operators were subject to customs enforcement as “goods that must not be imported” (effective October 1, 2022). 

Previously, the crackdown did not apply to goods for personal use. However, under the revised law, even if the goods are intended for personal use, if they are counterfeit goods (infringing trademark or design rights) sent by overseas business operators, such as goods purchased from overseas shopping sites, they will be subject to confiscation by customs.

We are now able to step up our crackdown on counterfeiters at the water’s edge and would be happy to be of assistance in this regard.

* This article has been prepared by quoting graphs and figures from the following sources.

Sources:
・Ministry of Finance website, “Status of Suspension of Intellectual Property Infringing Goods at Customs in the First Half of 2024.”
https://www.mof.go.jp/policy/customs_tariff/trade/safe_society/chiteki/cy2024_1/index.html
・“Status of Suspension of Intellectual Property Infringing Goods at Customs in the First Half of 2024 (Overall Version)”
https://www.mof.go.jp/policy/customs_tariff/trade/safe_society/chiteki/cy2024_1/ka20240906c.pdf)
・JPO website, “Tightening Regulations on the Inflow of Counterfeit Goods from Abroad.”
https://www.jpo.go.jp/news/kokusai/mohohin/kisei.html

● The number of import suspension cases in the first half of 2024 exceeded 18,000, up 16.2% from the same period last year, the highest number ever.

(Excerpt from “Status of Suspension of Intellectual Property Infringing Goods at Customs in the First Half of 2024 (Detailed Version),” p. 2.)

● By port of shipment (region): Suspensions of imports from China remain the highest.
China, Vietnam, Malaysia, and South Korea followed with 81%, 8.9%, 3.1%, and 2.7%, respectively.

(Excerpt from “Status of Suspension of Intellectual Property Infringing Goods at Customs in the First Half of 2024 (Details),” p. 3.)

● Import Suspensions by Intellectual Property

Trademark infringing goods, such as fake brand goods, accounted for 17,334 cases, up 15.2% from the same period last year, accounted for 94.5% of the total. Trademark, patent and copyright infringement, each accounted for more than 30% of the total number of suspensions.

● Infringing goods

In terms of the number of import suspension cases, clothing accounted for the highest percentage of suspensions at 32%. In terms of the number of goods in the import suspensions, cigarettes / smokers’ articles, clothing, and medicines accounted for 24.2%, 6%, and 5%, respectively. Imports of goods that pose a risk to health and safety continue to be suspended.

For detailed information, please refer to the Ministry of Finance website “Status of Suspension of Intellectual Property Infringing Goods at Customs in the First Half of 2024 (Overall Version)” and the JPO website “Tightening Regulations on the Inflow of Counterfeit Goods from Abroad.”