April [Legal] Newsletter

The Japan Patent Office publishes a table of correspondence between Japanese and Taiwanese similar group codes

The Japan Patent Office has published a Japan-Taiwan Similar Group Code Conformance Table (compatible with the Nice Classification [12th edition-2025]). The Japan-Taiwan Similar Group Code Conformance Table is a list showing the correspondence between similar group codes used in trademark examinations in Japan and Taiwan.

The Japan-Taiwan Similar Group Code Conformance Table not only shows the correspondence between similar group codes in Japan and Taiwan, but also lists whether the Japan Patent Office and the Taiwan Intellectual Property Office each recognize the goods and services listed in the Nice Classification.

Therefore, it is also useful for checking whether the desired designated goods and services are recognized in both Japan and Taiwan, and whether any amendments are necessary.

Differences in grouping similar groups between Japan and Taiwan
Japan and Taiwan decide which codes to assign to which products and services and how to group them. Therefore, there are differences in how similar products are grouped, i.e., what range is considered similar.

For example, in Class 25, Japan separates shirts, sweaters, coats, etc. (similar group code: 17A01) from nightwear, underwear, etc. (similar group code: 17A02) and judges them to be dissimilar goods, but in Taiwan, these goods are all assigned the code 2501, so they are judged to be similar goods.

◆Differences in permitted labeling between Japan and Taiwan
There are also differences in what types of displays are permitted.

According to the Japan-Taiwan Similar Group Code Correspondence Table, in Japan, relatively comprehensive indications such as "cleaning equipment" in Class 7, "drying equipment" in Class 11, "household ceramic products" in Class 21, and "clothing" in Class 25 are permitted, whereas in Taiwan, these products are not permitted. When filing a Taiwanese application, these products must be specified more specifically.

Conversely, examples of indications that are permitted in Taiwan but not currently permitted in Japan include "smart watches" and "smart speakers" in Class 9, and "E-sports services" and "provision of escape rooms (provision of entertainment)" in Class 41.

[reference]
"Publication of the Japan-Taiwan Similar Group Code Correspondence Table (Compatible with the Nice Classification [12th Edition-2025])" (Japan Patent Office)
https://www.jpo.go.jp/system/trademark/gaiyo/bunrui/kokusai/jpo_tipo-ruiji2025.html
(March 13, 2025, some excerpts and summaries used by our office)

The Ministry of Finance announced the status of the seizure of intellectual property infringing goods at customs in 2024.

On March 7, 2025, the Ministry of Finance announced on its website the status of the seizure of counterfeit brand-name goods and other intellectual property infringing items at customs offices nationwide in 2024.

Overall, the number of import seizures was 33,019, up 4.3% from the previous year, the highest number since publication began in 1,297,113. The number of items seized was 22.8, up 282% from the previous year. The value of the seized goods (estimated value if they were genuine) was approximately XNUMX billion yen.

The background to this is that with the enforcement of the revised Customs Act in October 2022, counterfeit products shipped from overseas businesses are now subject to crackdowns even if they are for personal use.

Number of import suspensions by country (region) of origin

• China: 26,604 cases (80.6%)
• Vietnam: 3,215 cases (9.7%)
• Malaysia: 979 cases (3.0%)
• South Korea: 785 cases (2.4%)

Number of import suspensions by intellectual property

• Trademark infringing items: 31,212 cases (93.6%)
• Copyright infringing items: 1,380 cases (4.1%)
• Design infringement: 502 cases (1.5%)
• Patent infringing items: 267 cases (0.8%)

Number of import suspensions by item

• Clothing: 11,774 cases (31.1%)
• Bags: 7,293 cases (19.3%)
• Shoes: 4,228 items (11.2%)
• Personal items: 2,083 cases (5.5%)

<Outline of Customs crackdown on infringing goods>
Articles 69-2 and 69-11 of the Customs Law stipulate that goods that infringe intellectual property rights are goods that must not be exported or imported, and are subject to control by customs.

Articles 108-4, 109, and 109-10 of the Customs Law contain penal provisions related to intellectual property infringing goods, and those who have exported or attempted to export, or imported or attempted to import, intellectual property infringing goods will be punished with imprisonment of not more than 1000 years or a fine of not more than XNUMX million yen, or both, and the intellectual property infringing goods will be confiscated and destroyed by customs.

[reference]
Ministry of Finance website
https://www.mof.go.jp/policy/customs_tariff/trade/safe_society/chiteki/cy2024/index.html

Customs website
https://www.customs.go.jp/mizugiwa/chiteki/pages/a_003.htm

Copyright fees for music schools: Agreement reached between JASRAC and music school operators

Regarding whether JASRAC (Japan Society for Rights of Authors, Composers and Publishers) can collect copyright royalties for music lessons at music schools, the Supreme Court ruled in 2022 that the "performing rights" apply to teachers' performances during lessons, but not to students' performances. Following the ruling, JASRAC and the "Society for the Protection of Music Education" (formed by music school operators) continued to negotiate the royalties for teachers' performances, and announced on February 28 that they had reached an agreement on the royalties.

The details of the agreement are as follows:

• JASRAC will collect a yearly fee of 750 yen per student from music school operators.
• Junior high school students and younger will be charged 100 yen per year.
• For use a few times a year, fees may be charged on a per lesson or per song basis.

The new fees will go into effect in April, and music school operators will have to pay fees retroactively back to April 2018. However, privately run schools will not be included.

Newsletter translated into English

JPO publishes correspondence table of similar group codes between Japan and Taiwan

The Japan Patent Office (JPO) has published the Japan-Taiwan Similar Group Code Correspondence Table (corresponding to the Nice International Classification [Edition 12-2025]). The Japan-Taiwan Similar Group Code Correspondence Table is a list showing the correspondence between similar group codes used in trademark examinations in Japan and Taiwan.

In addition to indicating the correspondence between Japanese and Taiwanese similarity group codes, the Japan-Taiwan Similarity Group Code Correspondence Table also indicates whether the Japan Patent Office or the Taiwan Intellectual Property Office recognizes the goods and services listed in the Nice International Classification.

Therefore, the table is useful for checking whether desired designated goods or services are recognized in both Japan and Taiwan, and whether an amendment is necessary.

◆Differences in grouping of similar groups in Japan and Taiwan
Decisions on what codes to assign to which goods and services and how to group them are made separately in Japan and Taiwan. Therefore, there are differences in how similar groups are grouped together, ie, which ranges of similarity are determined to be similar.

For example, in Class 25, Japan separates shirts, sweaters, coats, etc. (similar group code: 17A01) from sleepwear/underwear, etc. (similar group code: 17A02) and judges these goods to be dissimilar. In Taiwan, however, all of these products are coded 2501, and are therefore considered similar goods.

◆Differences in the permitted labeling in Japan and Taiwan
There is also a difference in what type of labeling is permitted.

According to the Taiwan-Japan Similar Group Code Correspondence Table, while relatively comprehensive indications are allowed in Japan, such as “washing apparatus” in Category 7, “drying apparatus” in Category 11, “household ceramic ware” in Category 21, and “clothing” in Category 25, these goods are not permitted in Taiwan. When filing an application in Taiwan, it is necessary to designate these goods more specifically.

offline, indications recognized in Taiwan but not currently recognized in Japan include “smart watches” and “smart speakers” in Category 9, and “e-sports services” and “provision of escape rooms (provision of entertainment)” in Category 41.

[Reference]
Publication of the “Japan-Taiwan Similar Group Code Correspondence Table (for the Nice International Classification [Edition 12-2025])” (JPO)
https://www.jpo.go.jp/system/trademark/gaiyo/bunrui/kokusai/jpo_tipo-ruiji2025.html
(Referred to and summarized in part by our firm on March 13, 2025)

Ministry of Finance Announces “Status of Injunctions of Intellectual Property Infringing Goods at Customs in 2024”

On March 7, 2025, the Ministry of Finance (MOF) announced on its website the status of seizures of counterfeit brand goods and other intellectual property infringing goods at customs offices nationwide for the year 2024.

Overall, there were 33,019 cases of import injunctions, up 4.3% from the previous year and the highest number since publication of figures began in 1987. A total of 1,297,113 items were subject to import injunctions, up 22.8% from the previous year. The value of the stopped imports (estimated value if they were genuine goods) was approximately 28.2 billion yen.

This is due in part to the enforcement of the revised Customs Law in October 2022, which makes counterfeit products shipped from overseas businesses subject to a crackdown even when used by individuals.

Number of injunctions against imports by country (region) of origin

• China: 26,604 (80.6%)
• Vietnam: 3,215 (9.7%)
• Malaysia: 979 (3.0%)
• South Korea: 785 (2.4%)

Number of import injunctions by type of intellectual property

• Trademark-infringing goods: 31,212 (93.6%)
• Copyright infringing goods: 1,380 (4.1%)
• Design infringing goods: 502 (1.5%)
• Patent infringing goods: 267 (0.8%)

Number of import injunctions by category

• Clothing: 11,774 (31.1%)
• Bags: 7,293 (19.3%)
• Shoes: 4,228 (11.2%)
• Personal effects (jewelry etc.): 2,083 (5.5%)

Overview of Customs Enforcement Regarding Infringing Goods
Intellectual property infringing goods are subject to customs controls under Articles 69-2 and 69-11 of the Customs Law, which stipulate that such goods shall not be exported or imported.

Articles 108-4, 109, and 109-2 of the Customs Law provide penalties for IP infringing goods, and the offender (a person who has exported or attempted to export, or a person who has imported or attempted to import IP infringing goods) shall be punished by not more than 10 years penal servitude or a fine of not more than 10 million yen, or both. In addition, the IP infringing goods shall be confiscated and destroyed by Customs.

[References]
Ministry of Finance
https://www.mof.go.jp/policy/customs_tariff/trade/safe_society/chiteki/cy2024/index.html

Japan Customs
https://www.customs.go.jp/mizugiwa/chiteki/pages/a_003.htm

Jasrac and Music School Operators Agreement on Copyright Royalties for Music Schools

Regarding whether JASRAC (Japanese Society for Rights of Authors, Composers and Publishers) can collect copyright royalties for music performances in lessons at music schools, the Supreme Court ruled in 2022 that “performance rights” extend to performances by a teacher during lessons, but not to performances by students.
Following the court ruling, JASRAC and the Association for the Protection of Music Education (formed by music school operators) continued discussions regarding royalty fees for performances by teachers, and on February 28 announced that they had reached an agreement on royalty fees.

The agreement is as follows:

• JASRAC collects 750 yen per student per year from music school operators.
• Junior high school students and younger are charged 100 yen per year.
• A per-lesson or per-piece fee shall be permitted when using a piece only a few times a year.

The new fees will take effect in April, and music school operators will pay fees retroactively from April 2018. The agreement does not apply to private music schools.