WORLD TRADE  
ORGANIZATION  IP/C/W/501 
11 October 2007 
 
 (07-4370) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 
 
Communication from Japan  
 
 
 The following communication, dated 8 October 2007, is being circulated at the request of the delegation of Japan.  
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I. INTRODUCTION 
1. We recall that for all customs authorities, IPR enforcement at the border has become a 
challenging and complicated issue.  In this regard , customs authorities today are expected to play a 
vital role to combat global counterfeiting and piracy.  Recognizing the importance of exchanging 
views, experiences and best practices with other Me mber countries, this paper aims to share our 
experiences of IPR enforcements at border w ith other Members, introduce our recent trend on 
infringements and contribute to provide some insights into Members' border measures against 
counterfeits and pirated goods.  
II. RECENT TREND ON CUSTOMS SEIZURES OF IPR INFRINGING GOODS AND 
PROBLEMS 
2. In terms of import suspension of alleged infringing goods by Japan Customs, the number of 
cases has been rising from 6,978 in 2002 to 19,591 in 2006, approximately a three times increase over 
the past five years.  However, the number of ite ms suspended at border has been remaining at the 
same level (from 993,000 in 2002 to 979,000 in 2006) .  This would indicate the significant increase of 
small lots shipment of infringing goods while the situation of large shipment is still unclear.   
3. In this trend, international postal shipment  is the main transport method for suspended 
counterfeit and pirated goods.  In fact, it accounts for more than 95 per cent in suspension cases and 
more than 50 per cent in suspended articles in Japan .  This is partly because of the development of 
e-commerce.  In order to exercise physical inspec tion on international postal shipment, Japan Customs 
are requested to allocate large number of human r esources because they can not obtain manifest data 
and entry data regarding postal shipment in advance. IP/C/W/501 
Page 2  
 
  The number of suspensions (2002-2006)
19,591
6,9787,4129,14313,467
99.3
77.1103.7109.7
97.9
05,00010,00015,00020,00025,000
2002 2003 2004 2005 2006No. of cases
No. of articles
150
100
500200Number of cases
 
 
The number of suspensions by type of cargo (2006) 
 
 Cases Articles 
General Cargo  541 (2.8%)  430,743 (44.0%) 
Postal Items  19,050 (97.2%)  548,481 (56.0%) 
 
4. In terms of the type of infringed rights, the in fringement of trademark rights has occupied vast 
majority in Japan.  In 2006, th e number of cases of trademark infringement was 19,363.  This number 
is about 1.5 times bigger than 2005 and accounts for 98.6 per cent of suspensions recorded in 2006.  
In terms of the number of suspended items, Jap an Customs suspended about 780,000 goods as 
trademark infringements in 2006 and it accounts for 80.1 per cent of the total.  The number of patent 
infringement is about 70,000, followed by copyri ght infringement of which suspended items are 
60,000.  With respect to the type of commodity , Japan Customs have suspended a large number of 
fake brand name products specifi cally dominated by bags, key-holders, clothes and watches.  
The number of suspensions by type of rights (2003-2006) 
 
  2003 2004 2005 2006 
Case 1 80 66 26 0.1%
Patent Article 550 107,600 46,906 67,211 6.9%
Case 12 39 42 54 0.3%
Design Article 42,641 62,794 107,294 58,977 6.0%
Case 7,332 8,922 13,228 19,363 98.6%
Trademark Article 591,061 690,749 816,845 784,591 80.1%
Case 80 119 174 198 1.0%
Copyright Article 136,094 174,594 120,991 63,540 6.5%Number of articles
(10,000) IP/C/W/501 
 Page 3 
 
 
  III. COUNTERMEASURES AGAINST SMUGGLING DISGUISED AS PERSONAL USE  
5. Japan Customs consider that a number of in fringers have tried to import counterfeit and 
pirated goods by disguising them as personal use item s and it accelerates the re cent trend of small-lots 
in IPR enforcement at border.  In order to tackle  this smuggling disguised as personal use items, we 
have strengthened our enforcement on small-lots cargos.  In principle, Japan customs initiate 
enforcement exercises regardless of the number of item s involved.  Due to this tightened enforcement, 
we have successfully suspended lots of c ounterfeits at the overseas mail sub-branches.  
6. In addition, Japan has strengthened instituti onal capacity to meet the increasing number of 
counterfeits sent by internationa l postal shipment.  Japan Custom s have several overseas mail sub-
branches and IPR specialized teams have been form ed in key branches.  For example, the Tokyo 
Overseas Mail Sub-branches which deal with more  than 10,000 cases per year have eight IPR 
specialized officers.  
IV. IMPROVEMENT OF CUSTOMS OFFICERS' EXPERTISE 
A. CUSTOMS INTELLIGENT DATABASE SYSTEM AND INTRANET BULLETIN BOARD SYSTEM  
7. Japan Customs put emphasis on the information an alysis to suspend counterfeits and pirated 
goods more effectively.  In this regard, Japan Cu stoms recognize that the enhancement of information 
exchange with other customs authorities is vital.  Right holders also provide Japan Customs with 
useful information such as distinguishing features between genuine goods a nd counterfeits by lodging 
applications for suspension.  Moreover, Japan Cu stoms hold training seminars with right holders in 
order to properly understand the information provide d by right holders.  Front line staff can acquire 
pragmatic knowledge and techniques to distinguis h genuine goods from 'elaborate counterfeit goods' 
through this cooperative training seminar. 
8. For effective analysis and sharing of the in formation, the Japan Customs are utilizing two 
different information systems.  Firstly, Japan Customs have developed the Customs Intelligent 
Database System (CIS) since 1991 to analyze va rious types of information related to customs 
operations including the import/export of goods infringing IPR.  When a front-line staff suspects that cargos may include counterfeits or pirated goods, the staff can access the CIS to ascertain the risk 
level of the cargos using the accumulated information of the CIS.  
9. Secondly, a new Intranet bulletin board system that specializes in IPR enforcement which was 
recently introduced is playing a key role to share in formation.  While the CIS is based on both the past 
records and advance information, the new Intran et bulletin board system places an emphasis on 
raising the precaution and awareness levels of front -line staff by providing all the Customs staff who 
are in charge of examination of import/export decl arations and cargos with up-to-date and useful 
information such as:  
• List of applications for suspension; 
• explanation of each application for suspension with a brief description of distinguishing 
features between genuine goods and infringing goods; 
• reports of recent methods or deceptive practices;  and 
• explanations of enforcement procedures on IPR. 
 10. Since IPR border enforcement is very comple x and requires staff to gather all necessary 
information on a timely basis, this bulletin board syst em is effective in supporting front-line staff's  
efforts to implement effective and appropriate IPR enforcement.  IP/C/W/501 
Page 4  
 
  B. H
UMAN RESOURCE DEVELOPMENT  
11. Japan Customs have the Customs Training Ins titute (CTI) for the development of human 
resources of the Customs.  The CTI provides the Customs staff with various technical knowledge 
including IPR.  Nine regional CTI branches also provide the front line staff with more practical trainings.  The details of training about IPR border enforcement in the CTI are as follows: 
 (1) Intensive training programme specialized in IPR enforcement 
 
  Since 2004, the CTI provides intensive training programmes designed for IPR 
specialists every year.  The participants usually have experience in working for IPR 
enforcement sections.  The programme consis ts of two parts including legal studies and 
practical trainings.  Regarding the legal studies, the participants learn the intellectual property 
laws (Patent Act, Utility-model Act, Trademark Act, Industrial design Act, Copyright Act, 
Unfair Competition Prevention Act and Plant Breeder's Act).  Judicial precedents and recent trend of intellectual property laws are also provi ded in the programme.  The lecturers of legal 
issues are invited from other government ag encies related IPR-related international 
agreements and laws (the Minist ry of Foreign Affairs, the Japan Patent Office, the Agency for 
Cultural Affairs, the Ministry of Trade, Econom ic and Industry) and law firms.  Practical 
trainings are conducted by experienced Custom s IPR specialists and right-holders.  Through 
these programmes, the participants learn the legal framework of border measures on IPR enforcement and important points from pragmatic vi ewpoints.  In order for the participants to 
acquire the knowledge in a better way, we provi de case studies in the end of the programmes.  
 
 (2) General Training Programme 
 
The CTI provides general training programmes which are not focused on a specific 
area.  There are programmes targeted at different job classes, such as the newly-employed, 
middle or high class staff.  These programmes in clude the IPR border enforcement in general. 
In Japan, in order to develop experts of IPR, the Customs officers dealing with IPR issues 
participate in a training session of IPR in the CT I.  More than 100 customs officers have been 
joining in specific training programmes re lated to IPR as an outsourced programme. 
 
12. We are consolidating knowledge and skills regarding IPR enforcement to the IPR division of 
Tokyo Customs.  The division has a central role  for coordination on IPR issues for all Customs 
branches in Japan and arranges OJT programmes.  There are two different OJT programmes.  The 
first one is a short-term OJT wh ich is designed for those Customs staff working at regional Customs 
to take a two-week intensive OJT and to experience actual cases.  The staff also learn the practical 
issues from IPR investigators in Tokyo Customs. Tokyo Customs usually accept six young staff to the 
short-term OJT every year.  The other type of OJT is a long-term OJT which takes a whole year.  The 
staff are selected from all regional Customs.  They are expected to become the core member of IPR 
enforcement in each regional Customs.  The number of the staff is two.  They will work with the staff 
of the IPR division of Tokyo Customs in the same way.  
V. CONCLUSION 
13. We reaffirm that for all customs authorities, IPR enforcement at the border is one of the most 
challenging/complicated issues.  As described above , Japan Customs has streng thened enforcement in 
several ways, fully recognizing the importance of a fl exible and well-balanced enforcement system to 
address the problem of counte rfeits and pirated goods.  
 
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