October [Legal] Newsletter

Examples of trademark registrations using the consent system

In the May 2025 issue of this newsletter, we introduced the first case of trademark registration in Japan using the consent system. Since then, more and more cases of registration using this system have been published one after another on J-Platform, so we would like to introduce them here.

Before the introduction of the consent system, even if the owner of a prior trademark was a group or related company and it was confirmed that there were no problems with use or trademark registration between the parties, if there was no control relationship between the two parties or if it was difficult to prove such a relationship, it was not possible to obtain registration without going through complex and costly procedures such as assignment back.

However, with the introduction of the consent system, it is believed that it has become possible to obtain trademark registration more smoothly and flexibly, not just in cases where it is simply difficult to claim dissimilarity.

Ministry of Finance announces "Status of seizure of intellectual property infringing goods at customs in the first half of 2025"

On September 5, 2025, the Ministry of Finance announced on its website the status of the seizure of intellectual property infringing goods, such as counterfeit brand-name goods, at customs offices nationwide in the first half of 2025.

全体では、令和７年上半期の輸入差止件数は17,249件（前年同期比5.6%減少）で、過去最多であった令和6年上半期よりは減少したが、3年連続で1万5千件を超えており、高水準で推移している。また、輸入差止点数は416,531点（前年同期比43.5%減少）で、5年連続で40万点を超えている。

■ Import ban record by country (region) of origin
China accounts for the majority of both the number of cases and the score. In terms of the number of cases, Vietnam continues to have a high proportion after China, and in terms of scores, Bangladesh's proportion has increased.

■ Import ban record by intellectual property
Of the imports suspended, 16,339 items were counterfeit brand-name goods and other trademark infringing goods (down 6.3% from the same period last year), continuing to account for the majority of the total, followed by 731 items were counterfeit character goods and other copyright infringing goods (up 6.4% from the same period last year).
The number of items seized for import was 193,229 items infringing trademark rights (down 27.4% from the same period last year), followed by 167,845 items infringing copyright rights (down 25.9% from the same period last year), and 37,483 items infringing design rights (up 165.4% from the same period last year).

■ Import ban record by item
The highest number of import halts was clothing at 6,825 cases, followed by bags such as wallets and handbags at 4,225 cases, shoes at 1,867 cases, and mobile phones and accessories at 908 cases.
The largest number of items seized for import was electrical appliances at 28,847 items, followed by clothing at 27,400 items, bag accessories at 23,234 items, and clothing accessories at 17,905 items.

<Reference URL>
Ministry of Finance website
https://www.mof.go.jp/policy/customs_tariff/trade/safe_society/chiteki/cy2025_1/index.html

Agency for Cultural Affairs builds dataset for AI learning
Rewarding creators of manga, anime, etc.

Japanese content is highly regarded around the world, but efforts to ensure that creators receive compensation have not progressed sufficiently. The Agency for Cultural Affairs has decided that the creation of datasets and a distribution environment are necessary to encourage compensation returns.

Data related to copyrighted works has been collected without the permission of the creators or rights holders of those works, and creators and rights holders say that even if they put together datasets and contracts to receive compensation, they are concerned about whether those contracts will actually be respected.
On the other hand, domestic companies and others find it difficult to utilize datasets that may involve copyright infringement, and are seeking datasets with clearer rights relationships.

In recent years, AI technology has advanced, and technologies that do not rely on copyrighted data have been developed, such as using AI-generated data or artificial data for learning.
Therefore, in order to ensure that creators are compensated, the Agency for Cultural Affairs will begin a project to build datasets for AI and create a distribution environment.
1) Structure data from copyrighted works such as manga and anime so that AI can learn from them.
② We will establish a format that is easy for AI businesses to use and a contract that will allow copyright holders to be compensated.

The government has allocated 300 million yen to the 2026 budget, and in the first year, it will select an umbrella company that will connect the AI ​​and content fields, and will conduct research and develop strategies for compensation. From the next fiscal year, it will establish standard systems and concepts for each field and create model cases.

Newsletter translated into English

Trademark Registration Cases Utilizing the Consent System

In the May 2025 issue of our newsletter, we introduced Japan's first trademark registration case that utilized the Consent System. Since then, a number of additional registrations under this system have been published on the public JPO database J-PlatPat, some of which are introduced below.

Before the introduction of the Consent System, even in cases where the holder of a prior trademark was a group or related company, and it could be confirmed that there was no issue regarding the use or registration of the trademark between the parties, trademark registration could not be obtained without costly procedures such as assignment-back arrangements if there was no controlling relationship between the parties or if such a relationship was difficult to prove.

However, with the introduction of the Consent System, it has become possible to obtain trademark registrations more smoothly and flexibly, not only in cases where arguments of dissimilarity are difficult to establish.

Ministry of Finance Announces “Status of Suspension of Intellectual Property Infringing Goods at Customs in the First Half of 2025”

On September 5, 2025, the Ministry of Finance announced on its website the status of suspension of intellectual property infringing goods such as counterfeit brand items by customs nationwide in the first half of 2025.

Overall, the number of suspended import cases in the first half of 2025 was 17,249 (down 5.6% compared to the same period of the previous year). Although this was a decrease from the record high in the first half of 2024, the figure remains at a high level exceeding 15,000 cases for the third consecutive year. year), marking the fifth consecutive year it has exceeded 400,000 articles.

■Import Suspensions by Country (Region) of Origin
China accounted for the vast majority of both cases and articles. Vietnam continues to account for the second-highest number of cases after China, while in terms of the number of articles, Bangladesh's share has increased.

■Import Suspensions by Intellectual Property
The number of suspended import cases continues to be dominated by trademark-infringing items such as counterfeit brand products, totaling 16,339 (down 6.3% compared to the same period of the previous year). The next largest category was copyright-infringing items such as counterfeit character goods, totaling 731 cases (up 6.4% compared to the same period of the previous year).
The number of suspended articles was 193,229 for trademark-infringing items (down 27.4% compared to the same period of the previous year), followed by 167,845 for copyright-infringing items (down 25.9% compared to the same period of the previous year), and 37,483 for design-infringing items (up 165.4% compared to the same period of the previous year).

■Import Suspensions by Product Type
The number of suspended import cases was highest for clothing at 6,825, followed by bags such as wallets and handbags at 4,225, footwear at 1,867, and mobile phones and accessories at 908.
The number of suspended articles was highest for electrical products at 28,847, followed by clothing at 27,400, bag accessories at 23,234, and clothing accessories at 17,905.

＜Reference URL＞
Ministry of Finance Website
https://www.mof.go.jp/policy/customs_tariff/trade/safe_society/chiteki/cy2025_1/index.html

Agency for Cultural Affairs to Develop AI Training Datasets
Ensuring Compensation for Creators of Manga, Anime, and Other Works

Japanese content is highly valued worldwide, yet sufficient efforts have not been made to ensure that creators receive fair compensation. The Agency for Cultural Affairs has determined that building datasets and a distribution environment is necessary to promote compensation mechanisms.

Until now, data related to copyrighted works has often been collected without obtaining the permission of the creators or rights holders. Even if creators and rights holders prepare datasets or establish contracts to gain compensation, they express concern over whether these agreements will actually be upheld.
On the other hand, domestic companies report that datasets potentially copyright infringement are difficult to utilize, and they buy datasets in which rights issues have been clarified.

In recent years, AI technology has advanced, and technologies are also being developed that use AI-generated data or synthetic data for training, and thus do not rely on copyrighted data.
Against this backdrop, the Agency for Cultural Affairs will launch projects for the development of datasets for AI and the establishment of distribution environments in order to realize fair compensation to creators.
(1) Structuring data from copyrighted works, such as manga and anime, to be suited for AI training.
(2) Establishing formats that are easy for AI businesses to utilize, as well as contracts that ensure compensation is paid to copyright holders.

A budget of 300 million yen has been allocated for 2026. In the first year, a coordinating entity will be selected to connect the AI ​​sector with the content sector, and research as well as strategy formulation concerning fair compensation will be advanced. From the following year, mechanisms and approaches serving as standards for each sector will be established, and model cases will be developed.