Have you taken measures against counterfeit products?
Including the current situation and examples

 

With the spread of the Internet and the development of logistics in recent years, counterfeit products have become more commonplace. In addition, as counterfeiting becomes more sophisticated and sophisticated, some products cannot be identified as counterfeits at first glance, and the damage is becoming more serious.

Leaving counterfeit products in circulation will not only reduce the sales of your own products, but also lead to a loss of brand power and problems related to product liability due to poor product quality.

Countermeasures against counterfeit products are slow, but they are essential to protect your company and the customers who purchase your products.

On this page, we will mainly explain countermeasures against such counterfeit products.

Tomoharu Ishiguro, Patent Attorney, Head of Counterfeit Product Damage and Dispute Control Office

 

Online IP Patrol

 

Our office will investigate on your behalf domestic and international investigations into infringing acts such as the sale of counterfeit products and unauthorized use of brand names. Additionally, when we confirm that an infringing act has occurred, our experts, such as patent attorneys and lawyers, will propose and support effective legal responses. View more.

Online IP Patrol

Service example

・Response to infringing sites
・Notification of counterfeit products to EC sites
・Collecting information and investigating sales of counterfeit products in Japan or abroad
・Representation in Japanese customs procedures related to import/export suspension petitions
- Search and cancellation of misappropriated applications

 

Basic knowledge about counterfeit products

Current status of counterfeit products and their wide range of problems

"Counterfeit products" refer to products that are made to imitate other original products and infringe on industrial property rights such as patent rights, utility model rights, design rights, and trademark rights. Acts that infringe on the copyrights and intellectual property rights of others by using their labor and creativity can seriously infringe on the rights of rights holders and deprive them of their economic benefits.

Furthermore, music CDs, movie DVDs, game software, manga, etc. that infringe on copyright or neighboring rights are classified as "pirated copies," and the entire product, including these, is collectively classified as "products that infringe on intellectual property" or "copied products." It is often ignored.

According to data released by the Ministry of Finance, the number of import suspensions for goods that infringe on intellectual property rights has exceeded 3 for three consecutive years in recent years, and the situation remains serious. As for the source country, China accounts for the largest number of shipments, accounting for 2% of the total, followed by Vietnam and Taiwan. By type of infringement, trademark infringing goods such as counterfeit brand products were the most common, accounting for 5000% of the total.

These counterfeit products not only deprive legitimate rights holders of the benefits they should originally enjoy, but also pose a problem from a consumer protection perspective. As a general rule, counterfeit products tend to be of low quality, and their appearance on the market may pose a threat to the health and safety of consumers. Furthermore, counterfeit products can become a source of funding for malicious criminal organizations, which in turn has a negative impact on society as a whole.

Recently, with the spread of the Internet, there has been an increase in cases of individual consumers importing counterfeit products through mail order, auctions, and flea market apps. These individual imports can also lead to serious legal problems, as they constitute infringement of trademark and design rights.

 

Examples of counterfeit products

  • ① Case law where goods infringing on trademark rights were at issue - Tokyo District Court ruling on March 11, 3 [ELLE case]
    →Regarding the sale of polo shirts that infringe on trademark rights, the two companies, as well as the defendant company's representatives and employees who were actively involved in the infringement, were found liable for damages.・Tokyo District Court Judgment on May 2, 16 [SECOM Sticker Case]
    →Trademark infringement was found in the listing and sale of counterfeit stickers on an internet auction site.
  • ②Example
    Traditionally, there have been many imitations of trademarks such as fake brands, and bags, clothing, etc. are the top items that are seized. Items that have seen an increase in import suspensions in recent years include smartphone cases and earphones. In addition, the number of seizures of pharmaceutical products is increasing, and there is a risk that their use or ingestion may harm their health.
    These counterfeit products are sometimes used to evade injunctions, such as by hiding the mark with a sticker or hiding it inside the box of another product.
■Examples of infringing products whose import was suspended by customs (see Ministry of Finance press release website materials dated March 5, 3)
■Case of accusation at customs (refer to Ministry of Finance press release website material dated March 5, 3)
 
 

Significance of acquiring intellectual property rights

Obtaining intellectual property rights has the advantage that counterfeit products that infringe on these rights are subject to import and export suspensions.
Counterfeit products that infringe on intellectual property rights are considered prohibited goods and are subject to crackdowns at customs. In recent years, efforts have been made to prevent the spread of counterfeit products through cooperation between the Japan Patent Office and customs to strengthen border measures.
If your product uses multiple intellectual property rights, acquiring each of these rights can increase your options for countering counterfeit products.
However, even with these border control measures taken by customs, it cannot be said to be a complete measure against counterfeit products. In order to prevent the manufacture of counterfeit products in the first place, it is desirable to secure intellectual property rights not only in Japan but also in the country of manufacture (foreign country).
In addition, there is support available by acquiring intellectual property rights. For example, the Japan External Trade Organization (JETRO) provides support for measures against counterfeit products as part of its overseas infringement countermeasure support project for small and medium-sized enterprises. It is mentioned that the company owns property rights (or has received a license)*3.

*1 February 17 [Updated on April 2, 2023] Japan Patent Office: Refer to the collection of case studies regarding personal imports and internet transactions of counterfeit products.
*2 Refer to the press release website materials of the Ministry of Finance, March 5, 3.
*3 Links to support projects:https://www.jetro.go.jp/services/ip_service/

Acquisition of intellectual property rights and its multifaceted significance

Obtaining intellectual property rights has the advantage that counterfeit products that infringe on those rights can be legally stopped both domestically and internationally. In other words, it is a powerful means of protecting your own products from imitation.

Counterfeit products that infringe on intellectual property rights are prohibited by law and are subject to strict control by public authorities such as customs. In recent years, the Japan Patent Office and Customs have joined forces to strengthen border measures to prevent the domestic distribution of counterfeit products.

In particular, if a product has multiple intellectual property rights, securing each of the rights will make it possible to develop multifaceted and effective countermeasures against counterfeit products. This is an important strategy for companies to maintain their competitiveness and generate sustainable profits.

However, simply preventing the import of counterfeit products from overseas will not fundamentally solve the issue of counterfeit products. Rather, in order to prevent the manufacture itself, it is necessary to secure intellectual property rights not only in Japan but also in the country of manufacture (foreign country).

In addition, acquiring intellectual property rights is also a condition for receiving various types of support. For example, the Japan External Trade Organization (JETRO) provides support for measures against counterfeit products in the overseas infringement countermeasure support project for small and medium-sized enterprises. In order to receive this support, it is a prerequisite that you must own (or have obtained a license for) the intellectual property rights for the target product in the target country. Therefore, acquiring intellectual property rights is an important strategy for companies.

Strategic significance of acquiring intellectual property rights

As mentioned earlier, acquiring intellectual property rights is an important strategy for protecting a company's products from imitation and, as a result, generating competitiveness and sustainable profits for a company. However, its significance does not end there.

First, acquiring intellectual property rights publicly recognizes the uniqueness and quality of a product, increasing its credibility and value to consumers. It also prevents market disruption caused by counterfeit products and promotes healthy competition.

Next, intellectual property rights are a company's asset, and by utilizing them, it is possible to create new business opportunities. For example, by providing a license, you can receive royalties from other companies' products that utilize that license.

Furthermore, the existence of intellectual property rights also sends a positive signal to investors and financial institutions. Intellectual property rights serve as evidence of a company's technological capabilities, creativity, and future potential, and may lead to advantageous conditions for financing and business partnerships.

As described above, acquiring intellectual property rights not only prevents counterfeit products, but also produces multifaceted benefits such as increasing corporate value, creating business opportunities, and providing an advantage in financing. Therefore, companies should be proactive in securing intellectual property rights for their products and services.

Intellectual property management within a company and its importance

Intellectual property management is an important mechanism for companies to protect the value of their products, services, technologies, etc. This includes clearly defining the scope of your company's intellectual property and ensuring its use within that scope. This helps ensure that our products do not infringe on the intellectual property rights of others and protects our intellectual property from being used inappropriately by others.

It is also essential to understand the importance of intellectual property rights and create a culture of respect within the company. When all employees are aware of the significance of intellectual property rights and abide by them, the risk of producing counterfeit products within a company is minimized.

Expanding and deepening international cooperation to combat counterfeit products

The issue of counterfeit products transcends national borders, and solutions to it should be approached from an international perspective as well. Counterfeit products move around the world and many countries are involved in their distribution, so there are limits to what a single country can do.

Addressing these challenges requires the development of international legal measures, the sharing of relevant information, and cooperation among law enforcement agencies. International organizations such as the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO) provide a framework for collaborative efforts to combat counterfeit goods.

It is important that this international cooperation curbs the production and distribution of counterfeit products and ensures that genuine products are properly protected and their value is maintained. This is an important step in creating a global environment that respects intellectual property rights and keeping companies competitive.

Measures against counterfeit products

Discover counterfeit products

Watching business

Using registered trademarks as keywords, we can conduct watching using the following methods to discover counterfeit products.

  •  ①Internet survey
  •  ② On-site investigation (including on-site visits and telephone interviews, etc.)
  •  ③Market research

Counterfeit product detection work on C2C platform

We monitor flea market sites, etc. based on identification points and discover counterfeit products.

Identification points for counterfeit products

An example is as follows.

  • Characteristics of the product logo (product name, company name) (logo shape, size, darkness, position, etc.)
  • Pattern of the box in which the product was packed
  • Product description font size and typeface
  • Kanji (mixed with Chinese characters) in product descriptions, etc.

Measures to take after counterfeit products are discovered

Utilization of appraisal/written opinion

In the field of intellectual property, an expert opinion/written opinion refers to the validity of rights (existence of grounds for invalidation), existence of infringement (technical scope and It shows the opinions of experts such as patent attorneys and defense attorneys regarding matters such as whether or not a patent belongs to the scope of rights. Generally, an expert opinion is a document that describes the conclusion and the logic that led to that conclusion in detail, and a written opinion is said to be a simplified version of that.
By presenting an expert opinion/opinion, the judgment of experts such as lawyers and patent attorneys becomes clear, and disputes regarding the illegality of sales of counterfeit products (infringement of rights such as trademark rights, unfair competition, etc.) can be quickly resolved. becomes possible. Additionally, even if the other party submits an expert opinion/opinion with the opposite conclusion, clarifying the points at issue can be expected to avoid prolonging the dispute.

Notification sending service

We will send a notice/warning regarding the trademark notation to the person who is fraudulently using the trademark and whose address can be determined. Thereafter, we handle intellectual property disputes, including negotiations with other parties.

Customs related

①Japanese

②Foreign country

(1) Injunction by Chinese customs

1. Apply for intellectual property customs protection notification from the website

Submit the following as attached documents

  • Identity document of right holder
  • Something that identifies the right (e.g. trademark registration certificate), something that shows the validity (e.g. patent valuation report)

2. Law enforcement pattern

    • (1) Execution of authority
  • The right holder applies for an intellectual property rights customs protection notification.
  • When customs discovers suspected infringing goods, it notifies the right holder.
  • The right holder applies for the seizure of the suspected infringing product and provides security.
  • Customs will seize the suspected infringing goods, investigate and certify them, and make an administrative decision.
    • (2) Application execution
  • When a rights holder discovers the import or export of suspected infringing goods, they apply to customs for seizure and provide collateral.
  • Customs approves the examination and seizes the suspected infringing goods.
  • Customs will issue a judicial seizure or allow clearance within 20 business days.

(2) Korean customs intellectual property protection

1. Intellectual property declaration system

  • A system to share intellectual property information with customs and swiftly crack down on it
  • Valid for 3 years, renewable
  • Submission of rights declaration form, rights-related confirmation documents, infringing goods identification materials, infringement-related materials such as the suspected infringing exporter/importer, power of attorney, etc.

2. Customs intellectual property rights protection procedures at the customs clearance stage

    • (1) Cases where infringement is obvious
  • Notification to rights holder and importer/exporter after ex-officio customs clearance suspension
  • The customs clearance department attaches documents confirming the fact of infringement to the investigation department and requests that it be referred to the public prosecutor.
  • If the investigation results confirm the fact of infringement, penalties will be imposed.
    • (2) When infringement is suspected
  • Notification of import/export of suspected infringing goods to rights holders and importers/exporters
  • The right holder requests customs clearance suspension and provides security, and the importer/exporter submits proof of non-infringement (both within 7 days of notification)
  • If infringement is found, customs clearance will be suspended, and if a lawsuit is filed in court within 10 days, civil litigation between the two parties (customs clearance suspension will continue)
  • If no infringement is found, a decision to accept the declaration or suspend customs clearance will be made within 30 days after the importer/exporter requests acceptance of the import/export declaration and provides security within 7 days.
 
 
 
 
 
 
 
 
 

Import suspension application system

What is the import suspension application system?

A person who owns a patent right, a utility model right, a design right, a trademark right, a copyright, a neighboring right, a breeder's right, or a person who has the right to request an injunction to prevent unfair competition attempts to import goods that the person deems to infringe on his or her rights. This is a system for filing a petition with the Director-General of Customs to suspend the import of the goods and take certification procedures (Article 69-13 of the Customs Law).
Furthermore, among intellectual property rights, a petition for an import injunction is not accepted regarding the right to use circuit layouts, but customs can conduct enforcement at the border by providing "import injunction information" from the right holder. I will do it.
A person with the right to request an injunction against unfair competition refers to the right to injunction against acts that cause confusion, misappropriation of famous indications, and imitation acts (Article 2, Paragraph 3, Items 3 to XNUMX of the Unfair Competition Prevention Act). (Article XNUMX of the Act).

Tightening of import regulations for counterfeit products

From October 2022, 10, border enforcement of counterfeit products will be strengthened.! !

Before the law revision: When a consumer purchases a counterfeit product through an online shop, etc., personal import for personal use is not considered to be "business" use, and under the law, personal import of counterfeit products is considered However, there was an inconvenience in that it was not possible to clearly counter the situation.

After the law revision: It has been clarified that "the act of causing another person to import" is included in "importation ('use' under the Trademark Act and 'implementation' under the Design Act)" (Article 2 of the Trademark Act). Paragraph XNUMX/Article XNUMX, Paragraph XNUMX, Item XNUMX of the Design Act). As a result, products sent from overseas online shop operators, etc., can be interpreted as infringing trademark rights and design rights and can be detained by customs, even if the products are intended for personal use by consumers. .

Requirements for filing an import injunction

Be a right holder (including those who own intellectual property rights and those who have the right to seek an injunction to prevent unfair competition)

A person who can file a petition for import suspension is the right holder, exclusive licensee, exclusive user right, or exclusive usage right holder. Confirmation of the right holder or exclusive licensee, etc. is done using the registration register, etc.
In addition, rights holders can also file applications through their representatives, such as lawyers and patent attorneys.

The claim is based on a valid right.

The validity of rights becomes valid upon registration with the Japan Patent Office, etc. (excluding copyrights and copyright-related rights), and it is not possible to file a petition for an import suspension for rights that are pending registration.
The holder of the claim for an injunction against unfair competition is a product, etc. indication, etc. stipulated in Article 2, Paragraph 1, Items 1 to 3 of the Unfair Competition Prevention Act, and the claim for an injunction is widely used among consumers. It is necessary to seek the opinion of the Minister of Economy, Trade and Industry to confirm that it is recognized (items 1 and 2), etc., and submit a document containing the opinion to customs.

There is a fact of infringement.

The fact of infringement includes cases where the infringing goods are actually imported into Japan, as well as cases where the infringing goods are expected to be imported into Japan, regardless of whether they actually exist.

Being able to demonstrate the fact of infringement

In order to demonstrate the fact of infringement, it is necessary to present the infringing goods or their catalogs, photographs, etc.
In addition, if there is any doubt that the infringing product or catalogue, etc., is infringing, a court judgment or provisional disposition decision proving the infringement of intellectual property rights, or a patent office decision It is necessary to submit a written judgment or an expert opinion prepared by a lawyer, patent attorney, etc. In operation, judgments are more important than appraisals.

Be able to identify infringing goods at customs

Procedures for filing a petition for import suspension

 When filing a petition for import suspension, the petition must be submitted in accordance with the customs format, along with the necessary documents, to the intellectual property investigator at each customs headquarters.
The jurisdiction of customs is divided into nine areas: Hakodate, Tokyo, Yokohama, Nagoya, Osaka, Kobe, Moji, Nagasaki, and Okinawa, and a number of documents are required depending on the customs that requests an import suspension. However, it is not necessary to submit the materials directly to each customs office, but to the customs office that has jurisdiction over the address of the person (in the case of a corporation, the location of its main office) or the infringing goods. It is possible to send the goods all at once to the customs office that has jurisdiction over the country where the import is expected.
There is no fee required for filing an import suspension petition itself.
You can also consult with the customs office in advance to expedite the filing procedure. During the preliminary consultation, you will be able to confirm the requirements for filing a petition and receive an explanation of how to fill out the petition form.

 Documents required for filing an import suspension petition

Required documents

① Petition form (customs form)
Main items to be recorded/Certified by the Director of Customs
・Contents of rights related to import suspension petition
(Type of right, registration number and date of registration, duration of right, scope of right, original right holder, licensee, etc.)
・Product name, etc. of the product deemed to be infringing for which a petition for import suspension is filed
・Reason for recognizing it as an infringing item
・Identification point
・Materials that form the basis of license fees
- Desired period for the import suspension petition to remain in effect (within 2 years)
・Expected importers, etc.
②Copy of the registration register/public notice (for copyrights and neighboring rights, materials that prove the occurrence of the rights; in the case of a holder of a claim for an injunction to prevent unfair competition, a written opinion from the Minister of Economy, Trade and Industry)
③ Materials, samples, photographs, etc. that demonstrate the fact of infringement
④ Calculation materials for the amount of customs clearance fees (patent rights, utility model rights, and design rights only)
⑤ Power of attorney (if a representative performs the application procedure)

Reference document

① Judgment/provisional disposition decision notice/decision letter
② Expert opinion written by a lawyer, patent attorney, etc.
③ Warning letter, etc.
④Dispute-related materials
⑤ Parallel import related materials
⑥ Other materials related to infringing goods

 

Process of import suspension

Certification procedure

Certification procedures are procedures by which customs authorities determine whether imported goods or international mail items infringe on intellectual property rights.
When certification procedures are initiated, the right holder and importer will be notified in writing by the intellectual property investigator or intellectual property officer belonging to the customs office that discovered the cargo, etc. In this notification, the right holder will be notified of the name and address of the importer, caterer, and producer, and the importer will be notified of the name and address of the right holder.
Rights holders and importers each state their opinions and submit evidence to customs within a certain period of time. Based on these opinions and evidence, the intellectual property investigator/officer determines whether the cargo, etc. infringes on intellectual property rights. The results and reasons will be notified in writing to the right holder and importer.
The certification procedure will take approximately one month from the start notification at the earliest. If there is a conflict of opinion between the rights holder and the importer, the dispute may be prolonged.

Request for cancellation of certification procedure

The importer shall, after 10 working days (20 working days if extended; or 10 days after the Japan Patent Office's reply if an opinion has been made to the Commissioner of the Patent Office) from the day following the date of the notification of the start of certification procedures, You can request the customs authorities to cancel the certification procedure.
In this case, the customs office will order the importer to deposit customs clearance money as security for the damage that the right holder would suffer if the suspected goods were to infringe on the rights of the importer.

Import suspension results by country (region) of origin (number of cases)

  Heisei 28 Heisei 29 Heisei 30 Reiwa XNUMX Reiwa 2 Year-on-year Composition ratio  
Chugoku 23,916 28,250 22,578 19,814 25,828 130.4% 85.2%  
Vietnam 30 95 307 545 1,374 252.1% 4.5%  
Singapore 203 165 141 592 845 142.7% 2.8%  
The Philippines 270 430 715 691 635 91.9% 2.1%  
Hong Kong 717 828 1,150 1,012 451 44.6% 1.5%  
South Korea 427 322 525 649 406 62.6% 1.3%  
Netherlands 30 3 43 18 220 1,222.2% 0.7%  
Thailand 155 163 148 154 133 86.4% 0.4%  
Taiwan 58 55 100 70 115 164.3% 0.4%  
米 国 68 69 61 54 58 107.4% 0.2%  
Other countries (regions) 160 247 237 335 240 71.6% 0.8%  
Total 26,034 30,627 26,005 23,934 30,305 126.6% 100.0%  

(Note 1) This table is based on the country (region) of origin and does not indicate the country (region) of origin.
(Note 2) The number of cases includes the number of general imported cargo and imported mail related to infringing goods.
(Note 100) The total composition ratio listed in each column may not add up to XNUMX% due to rounding.
(Status of detention of intellectual property infringing goods at customs in 2021, from the Ministry of Finance website)

Import suspension results (points) by country (region) of origin

  Heisei 28 Heisei 29 Heisei 30 Reiwa XNUMX Year-on-year Composition ratio  
Chugoku 373,735 414,946 773,460 595,421 410,405 68.9% 69.7%  
Hong Kong 159,575 55,023 100,430 60,056 58,157 96.8% 9.9%  
South Korea 53,505 9,367 17,449 130,196 45,994 35.3% 7.8%  
Vietnam 1,056 4,932 8,847 7,577 28,621 377.7% 4.9%  
The Philippines 2,787 5,334 6,332 8,103 16,208 200.0% 2.8%  
Taiwan 4,544 2,031 2,169 192,883 13,333 6.9% 2.3%  
Singapore 3,853 1,519 3,828 4,486 4,703 104.8% 0.8%  
Thailand 8,591 4,143 10,555 8,671 3,572 41.2% 0.6%  
米 国 4,536 1,680 743 4,758 2,101 44.2% 0.4%  
Malaysia 93 5,718 939 695 1,692 243.5% 0.3%  
Other countries (regions) 10,390 2,057 4,923 6,034 4,433 73.5% 0.8%  
Total 622,665 506,750 929,675 1,018,880 589,219 57.8% 100.0%  

(Note 1) This table is based on the country (region) of origin and does not indicate the country (region) of origin.
(Note 2) The score includes the number of general imported cargo and imported mail related to infringing goods.
(Note 100) The total composition ratio listed in each column may not add up to XNUMX% due to rounding.
(Status of detention of intellectual property infringing goods at customs in 2021, from the Ministry of Finance website)

Import suspension record by intellectual property

  Heisei
28
Heisei
29
Heisei
30
Reiwa
First year
Reiwa
2
Year-on-year Composition ratio
patent right 61 18 6 83 116 139.8% 0.4%
185,781 26,726 28,128 19,211 40,523 210.9% 6.9%
Utility model right 0 0 0 0 0 - -
0 0 0 0 0 - -
Design right 87 304 433 289 323 111.8% 1.1%
8,507 135,135 116,597 85,684 58,867 68.7% 10.0%
Trademark 25,666 30,111 25,284 23,182 29,483 127.2% 96.7%
409,279 313,314 723,650 867,804 416,599 48.0% 70.7%
Copyright 312 295 438 505 576 114.1% 1.9%
19,068 31,564 61,199 46,113 73,230 158.8% 12.4%
Related rights 0 0 0 0 0 - -
0 0 0 0 0 - -
Right to use circuit layout 0 0 0 0 0 - -
0 0 0 0 0 - -
Breeder's rights 0 0 0 0 0 - -
0 0 0 0 0 - -
Unfair Competition Prevention Law
Violating goods
9 3 2 3 0 Total reduction -
30 11 101 68 0 Total reduction -
  Public information display
confusing item
0 0 0 0 0 - -
0 0 0 0 0 - -
Famous display
fraudulent items
0 0 1 0 0 - -
0 0 100 0 0 - -
Form imitation product 0 0 0 0 0 - -
0 0 0 0 0 - -
Trade secret infringement products 0 0 0 0 0 - -
0 0 0 0 0 - -
Technical limitations
means nullification device
9 3 1 3 0 Total reduction -
30 11 1 68 0 Total reduction -
Total 26,034 30,627 26,005 23,934 30,305 126.6% 100.0%
622,665 506,750 929,675 1,018,880 589,219 57.8% 100.0%

(Note 1) The number and number of items include the number and number of general imported cargo and imported mail related to infringing goods.
(Note 2) When multiple intellectual property infringements occur in one case, the number of cases is counted for each intellectual property, and the score is counted only for the top intellectual property in the table. Therefore, the total number of cases for each intellectual property does not match the number of cases in the total column. The composition ratio is calculated based on the total number of cases for each right.
(Note 23) Among the products that violate the Unfair Competition Prevention Act, technical restriction measures circumvention devices have been subject to customs control since December 12, 1, as goods that must not be imported or exported.
(Note 100) The total composition ratio listed in each column may not add up to XNUMX% due to rounding.
(Status of detention of intellectual property infringing goods at customs in 2021, from the Ministry of Finance website)

 

Export injunction system

The law was revised in 2006, and a mechanism almost similar to import suspension was introduced.
Items subject to export suspension are items that infringe on breeder's rights, items that constitute acts listed in Article 2, Paragraphs 1 to 3 of the Unfair Competition Prevention Act, and patent rights, utility model rights, and design rights.・Items that infringe on trademark rights.
Please note that claims for export injunctions regarding copyrights and neighboring rights are not accepted.
Furthermore, with regard to the right to use circuit layouts, a petition for an export injunction is not allowed, similar to an import injunction.

 

Scam site

A guide to protecting your trademark from fraudulent sites

Your company's trademark is one of your business's most valuable assets. However, unauthorized use of a trademark by fraudulent sites can rob it of its value. In this article, we will explain the characteristics and risks of fraudulent websites, and introduce specific steps you can take to protect your trademark. Use this information to ensure your company's trademarks are protected and your business operates safely.

-What is a fraudulent site-
Specific characteristics and identification methods

Fraudulent sites have certain patterns and characteristics that can be identified by understanding them. These sites misappropriate their trademarks and brands to disguise their authenticity. Armed with knowledge, you can protect your trademark from these fraudulent sites.

Scam sites are designed to look professional and imitate trustworthy companies and brands. There are some common characteristics, such as unnaturally high discounts, unverified ratings or reviews, or a lack of secure payment methods. Additionally, URLs and domain names often subtly mimic existing, trusted sites. Some fraudulent sites may fraudulently use business trademarks and logos to deceive consumers.

Understanding the characteristics of fraudulent sites is important to protect your brand and avoid potential losses. By identifying fraudulent sites and responding appropriately, you can protect your business' credibility and reputation.

-Unauthorized use of company trademarks by fraudulent sites-
Specific risks and consequences

Trademarks are part of a business's identity and are an important part of how consumers identify businesses and choose products and services. Therefore, unauthorized use of your trademark by fraudulent sites can directly damage your brand's credibility and value. Additionally, businesses risk losing valuable customers when consumers are misled by fraudulently used trademarks. This can also have a significant impact on your business's bottom line.

When a fraudulent site uses its own trademark, the public can be under the illusion that it is a genuine business. And when they are scammed, their disappointment and anger is often directed at the genuine brand. This can damage a brand's reputation and cause a loss of consumer trust. Additionally, unauthorized use of your trademark can deprive your business of important sales opportunities, which can ultimately impact your bottom line.

As such, unauthorized use of your trademark by fraudulent sites poses a serious risk to your business. The impact can be seen in the form of loss of brand value and reputation, as well as loss of revenue.

Therefore, protecting your trademark from fraudulent sites is essential to ensuring the success of your business. To this end, it is important to understand the characteristics of fraudulent sites and take measures against them.

-Protection of your company's trademark from fraudulent sites-
The need for regular checks

The first step to protecting your trademark from fraudulent sites is to properly register and manage your trademark. This allows us to obtain trademark rights to an appropriate extent and effectively defend against unauthorized use.

Proper trademark management includes regularly monitoring the use of your trademarks and those of others, and updating trademarks as necessary. This allows us to quickly respond in the event of unauthorized use and protect the value of our trademarks.

Properly registering and managing your trademark is therefore an important step in protecting your trademark from fraudulent sites and increases your legal protection.

The next step in protecting your trademark from fraudulent sites is to regularly check for fraudulent sites and watch for unauthorized use of your trademark. This allows you to identify problems early and take immediate action.

A good way to spot fraudulent sites where your company's trademarks may be used illegally is to regularly search the Internet for sites that include your company's trademarks or brand names. In particular, fraudulent sites that may be fraudulently using their own trademarks should be closely checked, as they usually try to imitate genuine brands and mislead consumers.

Regularly checking for fraudulent sites and monitoring for unauthorized use of your trademark is an important step to early detection and countermeasures, and to protect your trademark.

If trademark infringement is discovered

If you discover that your trademark is being used illegally on a fraudulent website, we strongly recommend that you contact our firm HARAKENZO. With our specialized knowledge and experience, we can help you take appropriate measures.

When trademark infringement occurs, there are many ways to deal with it. Appropriate procedures range from taking legal action (including infringement lawsuits) to issuing warnings and seeking damages from infringers. However, these measures are complex and require specific legal knowledge and skills. Consulting with an intellectual property expert is therefore an important step in properly responding to trademark infringement.

 

Summary

In this article, we explained the characteristics of fraudulent sites and the risks of unauthorized use of your company's trademark. Steps to protect your trademark from fraudulent sites include registering and managing your trademark properly, regularly checking for fraudulent sites and monitoring the usage of your trademark, and what to do if trademark infringement is discovered. I explained about it. If a breach occurs, we recommend that you contact us as we have the expertise and experience to do so.

Our experts at HARAKENZO have the knowledge and experience to deal with these situations and can help you protect your trademark and recover from infringement. If you are a company facing fraud, please contact our office.

 

Phishing site

Phishing sites and brand protection

What if your company's trademark is being misused by a phishing site? Just thinking about this may make you feel scared. This article details how phishing sites can affect your business and how you can protect your trademarks and protect yourself from phishing sites.

What is a phishing site?

Phishing sites are fake websites created by scammers to defraud users and businesses of important information.

The main purpose of phishing sites is to steal personal information, login information, credit card information, etc. from users. This information can be used for unauthorized access, fraud, or identity theft. These sites are often designed to imitate the websites of legitimate companies and organizations, giving users a false sense of trustworthiness.

The number of phishing information reports has increased significantly in recent years, and the number of companies whose brand names have been misused on phishing sites has also increased.

Phishing sites are used by malicious people to steal valuable information from businesses and individuals. The implications are serious for businesses, and it is important to understand the risks.

Unauthorized use of trademarks and phishing sites

Phishing sites often misuse trademarks to gain credibility and mislead users.

Specifically, phishing sites use company logos, brand names, and other trademarks to create a design that closely resembles a genuine company website. This leads users to mistakenly believe the phishing site is a genuine website and trick them into providing their personal information.
Additionally, a third party may acquire a domain similar to a company's domain and use it for phishing.

Even the use of a domain may be considered a trademark infringement if any component of the domain contains something that is the same as or similar to a registered trademark.

How phishing sites affect businesses

Phishing sites pose a serious threat to businesses, causing financial loss, reduced credibility, and damage to brand image.

These sites target valuable information such as customer data. In addition to being used to commit fraud, stolen information can also be sold to competitors to make a company less competitive. Additionally, if a company's website is imitated by a phishing site, customers may lose trust in the company, and the company's brand image may be significantly damaged.

In this way, unauthorized use of trademarks by phishing sites causes serious damage to both users and companies, so countermeasures are essential.

Phishing sites that infringe on trademark rights
legal action against

It is possible to take legal action against phishing sites that infringe on trademark rights.

Specifically, a company that owns trademark rights can file a claim for damages against the operator of a phishing site. In order to take such legal measures, you will need the support of experts such as patent attorneys and lawyers.

Summary

In this article, we discussed phishing sites and trademark protection. Phishing sites have a huge impact on businesses, and unauthorized use of trademarks can lead to legal problems. It's important to monitor and protect your trademarks. Developing a strategy and working with experts to protect your brand from phishing sites is essential to protecting your company's finances and reputation and maintaining customer trust.

Our experts at HARAKENZO have the knowledge and experience to deal with these situations and can help you protect your trademark and recover from infringement. If you are a company facing fraud, please contact our office.


<Related page>
Online IP Patrol Import-Export Suspension Support

TOP