(NOTE) The English translations of the Japanese Act and Order (extract) as set forth
below are tentative, and only the original Japanese texts have legal effect. Thesetranslations are to be used solely as a reference to aid in the understanding of theJapanese Act and Order.

Customs Act(Act No. 61 of April 2, 1954)
Latest Revision: Act No.6 of March 31, 2023

Section 4 Goods the Exportation or Importation of which is Prohibited
Subsection 1 Goods the Exportation of which is Prohibited(Goods the exportation of which is prohibited)
Article 69-2. Goods set forth in the following shall not be exported:(i) narcotic drugs, psychotropic substances, cannabis, opium, opium poppies, andstimulants (including raw materials thereof as referred to in the Stimulant Drugs
Control Act (Act No. 252 of 1951)); provided, however, that those exported by theGovernment or by a person authorized, under other laws and regulations, to export
pursuant to the provisions thereof are excluded;(ii) child pornography (i.e., child pornography provided for in paragraph (3) of Article 2(Definitions) of the Act on Regulation and Punishment of Activities Relating to Child
Prostitution and Child Pornography, and the Protection of Children (Act No. 52 of
1999));(iii) goods that infringe patent rights, utility model rights, design rights, trademark
rights, copyrights, copyright neighboring rights or breeder’s rights;(iv) goods that compose the acts set forth in any of items (i) to (iii), (x), (xvii) or (xviii) of
paragraph (1) of Article 2 (Definitions) of the Unfair Competition Prevention Act (ActNo. 47 of 1993) (excluding those acts as specified in any of items (i) to (v), (vii) or (ix) ofparagraph (1) of Article 19 (Exclusion from application, etc.) of that Act for the categoryof unfair competition as set forth respectively in these items).
(2) The Director General of Customs may confiscate and dispose of goods destined forexport, set forth in item (i), (iii) or (iv) of the preceding paragraph.

(3) If the Director General of Customs has reasonable grounds to believe that there are,among those goods destined for export in accordance with the provisions of this Chapter,goods that are found to fall under those set forth in item (ii) of paragraph (1), theDirector General of Customs shall notify the findings to a person who seeks to export
the goods.
(Verification procedures pertaining to goods the exportation of which is prohibited)
Article 69-3. If the Director General of Customs considers that there are, among those
goods destined for export in accordance with the provisions of this Chapter, goods that
may fall under those set forth in item (iii) or (iv) of paragraph (1) of the preceding
Article, the Director General of Customs shall, pursuant to the provisions of Cabinet
Order, initiate procedures for verifying whether these goods fall under those set forth inthese items (hereinafter the procedures identified in this paragraph are referred to as“verification procedures” in this Subsection). In this case, the Director General of
Customs shall, pursuant to the provisions of Cabinet Order, notify a patentholder orother right holder and a person who seeks to export the goods of the fact thatverification procedures are to be initiated for the goods and that the patentholder orother right holder and the exporter may produce evidence and state their opinions as towhether they do or do not fall under those set forth in item (iii) or (iv) of paragraph (1) of
the preceding Article and other matters specified by Cabinet Order (“patentholder orother right holder” as used in this Article and in the next Article means a holder ofpatent right, utility model right, design right, trademark right, copyright, copyrightneighboring right or breeder’s right, or a person who has the right to seek an injunction
against unfair competition (i.e., a person who may, pursuant to the provisions ofparagraph (1) of Article 3 (Right to seek an injunction) of the Unfair Competition
Prevention Act, seek the suspension or prevention of infringement of business interests
the infringement of which has been caused by the acts specified in item (iv) of
paragraph (1) of the preceding Article with respect to goods set forth in that item;hereinafter the same applies in this Subsection)).
(2) When the Director General of Customs issues a notification prescribed in thepreceding paragraph, the Director General of Customs shall also notify thepatentholder or other right holder associated with the goods at issue of the names andaddresses of the person who seeks to export the goods and the consignee and also notify
the person who seeks to export the goods of the name and address of the patentholder orother right holder concerned.
(3) If the Director General of Customs finds that the name or address of a manufacturer

of goods subject to verification procedures is evident from a written export declaration
filed or other documents submitted with respect to the goods pursuant to the provisionsof Article 67 (Export or import permission), from other documents submitted to the
Director General of Customs in connection with the verification procedures or fromindications affixed to the goods, the Director General of Customs is to notify thepatentholder or other right holder concerned of the name or address of the
manufacturer. The notification may occur simultaneously with the notification referred
to in paragraph (1), or it may occur thereafter, provided that it occurs within the period
during which the verification procedures are carried out.
(4) The measures referred to in paragraph (2) of the preceding Article may not be takenby the Director General of Customs with respect to goods destined for export inaccordance with the provisions of this Chapter unless they have undergone verification
procedures.
(5) If the Director General of Customs has verified as to whether the goods subject toverification procedures (in the next paragraph referred to as “suspect goods”) do or do
not fall under those set forth in item (iii) or (iv) of paragraph (1) of the preceding Article,
the Director General of Customs shall notify the patentholder or other right holder
associated with the goods and the person who seeks to export the goods of the findings
and the reasons therefor; provided, however, that this does not apply if the Director
General of Customs has issued the notification prescribed in the next paragraph.
(6) If the suspect goods have ceased to be exported before the notification of verificationof the suspect goods, as prescribed in the main clause of the preceding paragraph, isissued, the Director General of Customs shall notify the patentholder or other rightholder associated with the suspect goods of that fact and shall discontinue theverification procedures. In this case, a person who ceases to export the suspect goods
shall notify the Director General of Customs of that fact in advance.
(7) Any person who has received the notification prescribed in paragraph (2) or (3) shallnot divulge any matters to have been notified to any other person without reason, norshall use them for any unjust purposes.
(Procedures, etc. for filing of an application relating to goods the exportation of which isprohibited)
Article 69-4. A patentholder or other right holder may, pursuant to the provisions ofCabinet Order, produce to any of the Directors General of Customs evidence necessary
to demonstrate prima facie infringement with respect to goods that are found to infringe
the patent right, utility model right, design right, trademark right, copyright, copyrightneighboring right, breeder’s right or business interests of that patentholder or otherright holder, and may file with that Director General of Customs an application for
initiating verification procedures by any of the Directors General of Customs if thesegoods are likely to be exported in accordance with the provisions of this Chapter(hereinafter in this Article and in the next Article, the Director General of Customs withwhom an application is filed is referred to as “the Director General of Customs withwhom application is filed”). In this case, a person who has the right to seek an
injunction against unfair competition shall, pursuant to the provisions of the Ministryof Economy, Trade and Industry Order, seek from the Minister of that Ministry, in thecase where the goods are those set forth in item (iv) of paragraph (1) of Article 69-2
(Goods the exportation of which is prohibited) (excluding those relating to item (x) ofparagraph (1) of Article 2 (Definitions) of the Unfair Competition Prevention Act), theopinion with respect to the matters specified by that Order, which may stipulate, among
other things, that the indication of goods, etc. provided for in item (i) of paragraph (1) of
Article 2 of that Act and related to that person be well known among consumers, or in
the case where the goods are those set forth in item (iv) of paragraph (1) of Article 69-2
(limited to those relating to item (x) of paragraph (1) of Article 2 of that Act), thecertification with respect to the fact that the goods at issue are those obtained by theacts of improper use as provided for in item (x) of paragraph (1) of Article 2 of that Act
and that a person who is likely to export the goods was aware, at the time when they
were transferred to that person, that they were obtained by such acts and that theperson was grossly negligent in failing to know that they were so obtained, and shallsubmit the details of the opinion or certification in writing to the Director General of
Customs with whom application is filed.
(2) The Director General of Customs with whom application is filed may elect not to
accept the application referred to in the preceding paragraph if the evidence is foundinsufficient to demonstrate the fact of prima facie infringement related to theapplication.
(3) When the application prescribed in paragraph (1) has been filed, the Director
General of Customs with whom application is filed, if the application has been accepted,
shall notify the person who has filed the application of that fact and the effective periodof the application (i.e., the period during which the Director General of Customs is tocarry out, based on that application, verification procedures each time the Director
General of Customs finds that there are, among goods likely to be exported during that
period in accordance with the provisions of this Chapter, goods related to theapplication) and if the application has not been accepted pursuant to the provisions of

the preceding paragraph, shall notify that person of that fact and the reason therefor.
(4) When the Director General of Customs has accepted the application prescribed inparagraph (1) or the application has been accepted by any other Director General of
Customs, if verification procedures for goods related to the application has been
initiated, the Director General of Customs shall, pursuant to the provisions of Cabinet
Order, provide, upon request, the person who has filed that application or the person
who seeks to export the goods with an opportunity to inspect the goods; provided,
however, that this does not apply if verification procedures have been discontinued
pursuant to the provisions of paragraph (6) of the preceding Article.
(Seeking opinions of technical advisers when an application for export suspension is
filed)
Article 69-5. When an application prescribed in paragraph (1) of the preceding Article
has been filed, the Director General of Customs with whom application is filed may, if it
is found necessary to do so, designate persons with academic background andexperience in intellectual property rights (i.e., intellectual property rights as defined inparagraph (2) of Article 2 (Definitions) of the Intellectual Property Basic Act (Act No.
122 of 2002); hereinafter the same applies), having no special interests with the parties
involved in the case related to the application, to serve as technical advisers and may,pursuant to the provisions of Cabinet Order, seek opinions of the technical advisers as
to whether the evidence produced pursuant to the provisions of paragraph (1) of thepreceding Article is sufficient to demonstrate the fact of prima facie infringement
related to that application; provided, however, that this does not apply to the matterswith respect to which the opinion or certification of the Minister of Economy, Trade andIndustry is to be sought pursuant to the provisions of the second sentence of paragraph(1) of the preceding Article.

(Deposit, etc. associated with application for export suspension)
Article 69-6.

When the Director General of Customs has accepted the applicationprescribed in paragraph (1) of Article 69-4 (Procedures, etc. for filing of an application
relating to goods the exportation of which is prohibited) or the application has been
accepted by any other Director General of Customs, if it is found necessary in order toensure compensation for damages that a person who seeks to export goods related tothat application is likely to incur from being unable to export until completion of theverification procedures for the goods, the Director General of Customs may order aperson who has filed the application (hereinafter in this Article referred to as“applicant”) to deposit, within a specified period, an amount of money deemed to be
sufficient to cover the damages with the deposit office designated by the Director
General of Customs.
(2) If the amount of monetary deposit provided pursuant to the provisions of thepreceding paragraph is found insufficient to compensate for the damages provided for inthat paragraph, the Director General of Customs may order the applicant to deposit,
within a specified period, an amount of money deemed to be equivalent to the shortfall.
(3) The monetary deposit to be provided pursuant to the provisions of the preceding two
paragraphs may be replaced by National Government Bonds, Local Government Bonds
or other securities which the Director General of Customs finds to be secure (othersecurities include book-entry transfer bonds as provided for in paragraph (1) of Article
278 (Deposit of transferred bonds) of the Act on Book-Entry Transfer of Corporate
Bonds, Shares, etc. (Act No. 75 of 2001); the same applies in this Article and Article
69-10 (Request for discontinuance of verification procedures pertaining to goods theexportation of which is prohibited, etc.)).
(4) Necessary matters concerning procedures required by the Director General of
Customs with respect to the deposit provided pursuant to the order prescribed inparagraph (1) or (2) are prescribed by Cabinet Order.
(5) If, pursuant to the provisions of Cabinet Order, an applicant has entered into acontract providing that the amount of money necessary to compensate for the damages
provided for in paragraph (1) shall be paid on the applicant’s behalf and has notified the
Director General of Customs of that fact within the period specified in paragraph (1) or(2), the applicant may not deposit the whole or part of the amount referred to inparagraph (1) or (2) while the contract is effective.
(6) An exporter of the goods referred to in paragraph (1) has the right, with respect tothe claim for damages against an applicant as provided for in that paragraph, to be paid,in advance of any other creditors, from the monetary deposit provided pursuant to theprovisions of paragraphs (1) and (2) (the monetary deposit includes securities prescribedin paragraph (3); the same applies in paragraphs (8) to (10)).
(7) Necessary matters concerning the exercise of right referred to in the preceding
paragraph are prescribed by Cabinet Order.
(8) An applicant who has provided the monetary deposit pursuant to the provisions ofparagraph (1) or (2) may recover the deposit if the situation falls under any of the cases
as set forth in the following items:(i) if the applicant has received a notification prescribed in the main clause of paragraph(5) of Article 69-3 (Verification procedures pertaining to goods the exportation of which
is prohibited), stating the fact that goods which have caused the deposit to be provided
fall under those set forth in item (iii) or (iv) of paragraph (1) of Article 69-2 (Goods theexportation of which is prohibited);(ii) if the applicant has received a notification prescribed in paragraph (6) of Article 69-3
with respect to goods which have caused the deposit to be provided;(iii) if it has been proved to, and confirmed by the Director General of Customs that theexporter of the goods referred to in paragraph (1) has consented to the recovery of themonetary deposit, that the right to claim for compensation for damages as provided forin that paragraph has been extinguished by prescription or otherwise that the deposit
for compensation for damages as provided for in that paragraph is no longer necessary;(iv) if the applicant has entered into a contract referred to in paragraph (5) and thecontract has been approved by the Director General of Customs pursuant to theprovisions of Cabinet Order;(v) if, pursuant to the provisions of Cabinet Order, it has been approved by the Director
General of Customs to provide another deposit in lieu of the deposit actually provided,on the grounds of redemption of the deposited securities or for other reason.
(9) Necessary matters concerning recovery of the monetary deposit prescribed in thepreceding paragraph are prescribed by the Ministry of Justice Order and the Ministry of
Finance Order.
(10) If a person who has been ordered to deposit pursuant to the provisions of paragraph(1) or (2) fails to deposit the whole amount within the period specified pursuant to theprovisions of these paragraphs and also fails to issue a notification of entering into acontract prescribed in paragraph (5), the Director General of Customs may discontinue
verification procedures with respect to the goods that have caused the deposit to beprovided.
(11) If the verification procedures have been discontinued pursuant to the provisions of
the preceding paragraph, the Director General of Customs shall notify that fact to aperson who has made an application for the verification procedures and a person who
seeks to export goods subject to the verification procedures.
(Seeking opinions relating to goods the exportation of which is prohibited, etc.)
Article 69-7. When verification procedures have been initiated to determine whether
goods do or do not fall under those that infringe a patent right, utility model right,
design right or those that compose the acts set forth in item (x) of paragraph (1) of
Article 2 (Definitions) of the Unfair Competition Prevention Act (excluding the acts

provided for in item (vii) of paragraph (1) of Article 19 (Exclusion from application, etc.)of that Act; hereinafter the same applies in this paragraph and paragraph (9)), apatentholder or other right holder associated with the goods (i.e., a holder of patentright, utility model right or design right, or a person who has the right to seek an
injunction against unfair competition (limited to a person related to goods that compose
the acts set forth in item (x) of paragraph (1) of Article 2 of that Act; hereinafter thesame applies in this paragraph, paragraph (9) and paragraph (1) of Article 69-10(Request for discontinuance of verification procedures pertaining to goods theexportation of which is prohibited, etc.); hereinafter the same applies in this Article) oran exporter related to the goods (i.e., a person who seeks to export goods subject to theverification procedures; hereinafter the same applies in this Article) may, pursuant to
the provisions of Cabinet Order, request the Director General of Customs to seek, in thecase where the verification procedures has been initiated to determine whether the
goods subject to the procedures do or do not fall under those that infringe the patentright, utility model right or design right of the patentholder or other right holder(excluding a person who has the right to seek an injunction against unfair competition),the opinion of the Commissioner of the Patent Office with respect to the technical scope,etc., or in the case where the verification procedures have been initiated to determine
whether the goods subject to the procedures do or do not fall under those that compose
the acts set forth in item (x) of paragraph (1) of Article 2 of the Unfair Competition
Prevention Act and related to the patentholder or other right holder (limited to a person
who has the right to seek an injunction against unfair competition), the opinion of the
Minister of Economy, Trade and Industry, provided that the request is made within the
period during which the verification procedures are carried out, but before the day on
which ten days (public holidays of the administrative organs are not included) elapse
from the day on which the patentholder or other right holder receives the notificationprescribed in paragraph (1) of Article 69-3 (Verification procedures pertaining to goods
the exportation of which is prohibited) (hereinafter in this paragraph and paragraph (2)of Article 69-10 referred to as “the date of notification”) (in paragraphs (1) and (2) ofArticle 69-10, the day on which ten days elapse is referred to as “the day on which tendays elapse”) (if the Director General of Customs, before expiry of the period of ten days,
finds it necessary to extend the period in consideration of the progress made withrespect to verification procedures or other circumstances and notifies the patentholder
or other right holder and the exporter of the findings, the period may be extended until
the day on which twenty days (public holidays of the administrative organs are notincluded) elapse from the date of notification (in paragraph (1) of Article 69-10, the day

on which twenty days elapse from the date of notification is referred to as “the day on
which twenty days elapse”)) (“technical scope, etc.” as used in this paragraph means thetechnical scope provided for in paragraph (1) of Article 70 (Technical scope of patented
invention) of the Patent Act (Act No. 121 of 1959) (including the cases where appliedmutatis mutandis pursuant to Article 26 (Mutatis mutandis application of the Patent
Act) of the Utility Model Act (Act No. 123 of 1959)), or the scope provided for inparagraph (1) of Article 25 (Scope of registered design, etc.) of the Design Act (Act No.
125 of 1959) (the same applies in paragraph (9) and Article 69-9 (Seeking opinions oftechnical advisers in verification procedures pertaining to goods the exportation ofwhich is prohibited))).
(2) If a request prescribed in the preceding paragraph has been made, the Director
General of Customs, pursuant to the provisions of Cabinet Order, is to seek the opinionof the Minister of Economy, Trade and Industry or the Commissioner of the Patent
Office; provided, however, that this does not apply if the Director General of Customs
finds it evident that goods subject to the request as prescribed in that paragraph do or
do not fall under those set forth in item (iii) or (iv) of paragraph (1) of Article 69-2
(Goods the exportation of which is prohibited) or otherwise where the Director Generalof Customs finds it unnecessary to seek the opinion of the Minister or theCommissioner.
(3) When a request prescribed in paragraph (1) has been made, if the Director Generalof Customs has not sought the opinion of the Minister of Economy, Trade and Industry
or the Commissioner of the Patent Office pursuant to the provisions of the proviso to thepreceding paragraph, the Director General of Customs shall notify the patentholder orother right holder or exporter who has made the request prescribed in paragraph (1) ofthat fact and the reason therefor.
(4) If the Minister of Economy, Trade and Industry or the Commissioner of the Patent
Office has been sought an opinion by the Director General of Customs pursuant to theprovisions of the main clause of paragraph (2), the Minister or the Commissioner shallprovide the opinion in writing within thirty days from the day on which the opinion issought.
(5) If the Director General of Customs, pursuant to the provisions of the main clause ofparagraph (2), has sought the opinion of the Minister of Economy, Trade and Industry or
the Commissioner of the Patent Office, the Director General of Customs shall notify thepatentholder or other right holder and the exporter concerned of that fact.
(6) If the opinion prescribed in paragraph (4) has been provided, the Director General of
Customs shall notify the patentholder or other right holder and the exporter concerned

of that fact and the details of the opinion.
(7) When the Director General of Customs has sought the opinion of the Minister of
Economy, Trade and Industry or the Commissioner of the Patent Office pursuant to theprovisions of the main clause of paragraph (2), the Director General of Customs shallnot determine, before the opinion prescribed in paragraph (4) is provided, that, when aperson who requests the Director General of Customs to seek the opinion referred to inparagraph (1) is a patentholder or other right holder, the goods at issue do not fall underthose set forth in item (iii) or (iv) of paragraph (1) of Article 69-2, or when a person who
requests the Director General of Customs to seek the opinion referred to in paragraph(1) is an exporter, the goods at issue fall under those set forth in item (iii) or (iv) of
paragraph (1) of that Article.
(8) When the Director General of Customs has sought the opinion of the Minister of
Economy, Trade and Industry or the Commissioner of the Patent Office pursuant to theprovisions of the main clause of paragraph (2), if, before the opinion prescribed inparagraph (4) is provided, the Director General of Customs has determined that, when aperson who requests the opinion under paragraph (1) is a patentholder or other rightholder, the goods at issue fall under those set forth in item (iii) or (iv) of paragraph (1) of
Article 69-2 or when a person who requests the opinion under paragraph (1) is anexporter, the goods at issue do not fall under those set forth in item (iii) or (iv) of
paragraph (1) of that Article, or if the Director General of Customs has discontinued theverification procedures for the goods at issue pursuant to the provisions of paragraph (6)of Article 69-3 or paragraph (10) of the preceding Article, the Director General of
Customs shall notify the Minister or the Commissioner of that fact. In this case, theMinister or the Commissioner is not required to provide the opinion prescribed inparagraph (4).
(9) In verification procedures for determining whether goods fall under those that
infringe a patent right, utility model right or design right or fall under those thatcompose the acts as set forth in item (x) of paragraph (1) of Article 2 of the Unfair
Competition Prevention Act, if it is found necessary for the purpose of verificationprescribed in paragraph (1) of Article 69-3, the Director General of Customs may seek,
pursuant to the provisions of Cabinet Order, in the case where the verification
procedures have been initiated to determine whether goods fall under those that
infringe a patent right, utility model right or design right, the opinion of theCommissioner of the Patent Office with respect to the technical scope, etc. as to whether
the goods subject to the verification procedures do or do not fall under those that
infringe the patent right, utility model right or design right of the patentholder or otherright holder concerned (excluding a person who has the right to seek an injunction
against unfair competition), or in the case where the verification procedures have been
initiated to determine whether goods fall under those that compose the acts set forth inthat item, the opinion of the Minister of Economy, Trade and Industry as to whether the
goods at issue fall under those that compose the acts set forth in that item and related
to the patentholder or other right holder concerned (limited to a person who has theright to seek an injunction against unfair competition).
(10) Paragraphs (4) to (6) of this Article and paragraph (5) of the next Article apply
mutatis mutandis when opinion is sought pursuant to the provisions of the preceding
paragraph. In this case, necessary technical replacement of terms is prescribed by
Cabinet Order.
(Seeking opinions of the Minister of Agriculture, Forestry and Fisheries, etc. inverification procedures pertaining to goods the exportation of which is prohibited)
Article 69-8. In verification procedures for determining whether goods fall under thosethat infringe a breeder’s right or those set forth in item (iv) of paragraph (1) of Article69-2 (Goods the exportation of which is prohibited) (excluding goods related to item (x)of paragraph (1) of Article 2 (Definitions) of the Unfair Competition Prevention Act:
hereinafter the same applies in this paragraph and paragraph (5)), if it is foundnecessary for the purpose of verification prescribed in paragraph (1) of Article 69-3
(Verification procedures pertaining to goods the exportation of which is prohibited), theDirector General of Customs may, pursuant to the provisions of Cabinet Order, seek, forreference purposes, the opinion of the Minister of Agriculture, Forestry and Fisheries in
the case of verification procedures relating to goods that may infringe a breeder’s rightor the opinion of the Minister of Economy, Trade and Industry in the case of verification
procedures relating to goods that may fall under those set forth in item (iv) of paragraph(1) of Article 69-2.
(2) If the Minister of Agriculture, Forestry and Fisheries or the Minister of Economy,
Trade and Industry has been sought an opinion by the Director General of Customs
pursuant to the provisions of the preceding paragraph, the Minister concerned shallprovide the opinion in writing within thirty days from the date on which the opinion issought.
(3) If the Director General of Customs has sought the opinion pursuant to the provisionsof paragraph (1), the Director General of Customs shall notify that fact to a holder ofbreeder’s right or a person who has the right to seek an injunction against unfair
competition, involved in the verification procedures, and also to a person who seeks toexport goods subject to the verification procedures.
(4) If the opinion prescribed in paragraph (2) has been provided, the Director General of
Customs shall notify that fact and the details of the opinion to a holder of breeder’s rightor a person who has the right to seek an injunction against unfair competition and to aperson who seeks to export the goods subject to the verification procedures, as referred
to in the preceding paragraph.
(5) When the Director General of Customs has sought the opinion of the Minister ofAgriculture, Forestry and Fisheries or the Minister of Economy, Trade and Industry
pursuant to the provisions of paragraph (1), if the Director General of Customs, before
the opinion prescribed in paragraph (2) is provided, has determined that the goods atissue do or do not fall under those that infringe a breeder’s right or those set forth initem (iv) of paragraph (1) of Article 69-2, or if the Director General of Customs has
discontinued verification procedures for the goods at issue pursuant to the provisions ofparagraph (6) of Article 69-3 or paragraph (10) of Article 69-6 (Deposit, etc. associatedwith application for export suspension), the Director General of Customs shall notify
the Minister of Agriculture, Forestry and Fisheries or the Minister of Economy, Tradeand Industry of that fact. In this case, the Minister concerned is not required to provide
the opinion prescribed in paragraph (2).
(Seeking opinions of technical advisers in verification procedures pertaining to goods
the exportation of which is prohibited)
Article 69-9. In verification procedures for determining whether goods do or do not fallunder those set forth in item (iii) of paragraph (1) of Article 69-2 (Goods the exportationof which is prohibited) (excluding goods that infringe a breeder’s right), if it is foundnecessary for the purpose of verification prescribed in paragraph (1) of Article 69-3
(Verification procedures pertaining to goods the exportation of which is prohibited), theDirector General of Customs may designate persons with academic background andexperience in intellectual property rights, having no special interests with the parties
involved in the cases subject to the verification procedures, to serve as technicaladvisers, and may, pursuant to the provisions of Cabinet Order, seek opinions of thetechnical advisers for reference purposes; provided, however, that this does not apply tothe technical scope, etc.

(Request for discontinuance of verification procedures pertaining to goods theexportation of which is prohibited, etc.)

Article 69-10. If verification procedures have been initiated for goods related to theapplication prescribed in paragraph (1) of Article 69-4 (Procedures, etc. for filing of an
application related to goods the exportation of which is prohibited) which has been filed
by a holder of a patent right, utility model right or design right or by a person who has
the right to seek an injunction against unfair competition and has been accepted(hereinafter in this Article a holder whose application has been accepted is referred toas “applying patentholder, etc.”), a person who seeks to export the goods may, pursuant
to the provisions of Cabinet Order, request the Director General of Customs todiscontinue the verification procedures after the day as specified in each of the following
items for the category of cases as set forth respectively therein, provided that therequest is made while the verification procedures are carried out:(i) when it is notified that the period until the day on which ten days elapse is extended
pursuant to the provisions of paragraph (1) of Article 69-7 (Seeking opinions relating togoods the exportation of which is prohibited, etc.): the day on which twenty days elapse(if a notification stating that the opinion of the Minister of Economy, Trade and Industry
or the Commissioner of the Patent Office has been sought pursuant to the provisions ofparagraph (5) of Article 69-7 (including the cases where applied mutatis mutandis
pursuant to paragraph (10) of Article 69-7; the same applies in the next item) has been
received, the day on which twenty days elapse or the day on which ten days elapse fromthe date of receipt of the notification prescribed in paragraph (6) of Article 69-7, related
to seeking of the opinion (including the cases where applied mutatis mutandis pursuant
to paragraph (10) of Article 69-7; the same applies in the next item), whichever comes
later);(ii) in the case other than the case set forth in the preceding item: the day on which tendays elapse (if a notification stating that the opinion of the Minister of Economy, Tradeand Industry or the Commissioner of the Patent Office has been sought pursuant to theprovisions of paragraph (5) of Article 69-7 has been received, the day on which ten days
elapse or the day on which ten days elapse from the date of receipt of the notificationprescribed in paragraph (6) of Article 69-7, related to seeking of the opinion, whichevercomes later).
(2) If the Director General of Customs has initiated verification procedures with respect
to goods related to the application of the applying patentholder, etc., the Director
General of Customs shall, before the day on which ten days elapse, notify the date of
notification to a person who seeks to export the goods.
(3) If discontinuance of verification procedures has been requested pursuant to theprovisions of paragraph (1), the Director General of Customs shall notify the applying

patentholder, etc. who has filed an application relating to the verification procedures ofthat fact and shall order the person who has so requested (hereinafter in this Article
referred to as “requester”) to provide, within a specified period, a monetary deposit withthe designated deposit office in an amount deemed sufficient to cover the damages that
may be incurred by the applying patentholder, etc. from exportation of the goods subject
to the verification procedures.
(4) The monetary deposit to be provided pursuant to the provisions of the preceding
paragraph may be replaced by National Government Bonds, Local Government Bonds
or other securities which the Director General of Customs finds to be secure.
(5) Necessary matters concerning procedures required by the Director General of
Customs with respect to the deposit provided pursuant to the order prescribed inparagraph (3) are prescribed by Cabinet Order.
(6) If, pursuant to the provisions of Cabinet Order, the requester has entered into acontract which provides that the amount necessary to compensate for damages asprovided for in paragraph (3) shall be paid on the requester’s behalf and has notified the
Director General of Customs of that fact within the time limit specified under thatparagraph, then the requester may not deposit the whole or part of the amount referred
to in that paragraph while the contract is effective.
(7) The applying patentholder, etc. referred to in paragraph (3) has the right, withrespect to the right to claim for damages provided for in that paragraph against therequester, to be paid in advance of any other creditors from the monetary deposit
provided pursuant to the provisions of that paragraph (the monetary deposit includes
securities prescribed in paragraph (4); the same applies in paragraphs (9) to (11)).
(8) Necessary matters concerning the exercise of right referred to in the preceding
paragraph are prescribed by Cabinet Order.
(9) A requester who has provided the monetary deposit pursuant to the provisions ofparagraph (3) may recover the deposit if the situation falls under any of the cases as set
forth in the following items:(i) if it has been proved to, and confirmed by the Director General of Customs that theapplying patentholder, etc. referred to in paragraph (12) has consented to the recoveryof the deposit, that the right to claim for compensation for damages as provided for inparagraph (3) has been extinguished by prescription or otherwise that the deposit forcompensation for damages as provided for in paragraph (3) is no longer necessary;(ii) if the contract referred to in paragraph (6) has been entered into and approved by
the Director General of Customs pursuant to the provisions of Cabinet Order;(iii) if, pursuant to the provisions of Cabinet Order, the Director General of Customs hasapproved provision of another deposit in lieu of the deposit actually provided, on the
grounds of redemption of the deposited securities or on other grounds;(iv) in addition to the situations set forth in the preceding three items, if the applying
patentholder, etc. referred to in paragraph (12) fails to institute, within thirty days fromthe date of receipt of the notification prescribed in that paragraph, the judicial action for
claiming for damages as provided for in paragraph (3).
(10) Necessary matters concerning recovery of the monetary deposit prescribed in thepreceding paragraph are prescribed by the Ministry of Justice Order and the Ministry of
Finance Order.
(11) If a person who has been ordered to deposit pursuant to the provisions of paragraph(3) deposits, within the period specified under that paragraph, the whole amount soordered or notifies the Director General of Customs of entering into a contractprescribed in paragraph (6), the Director General of Customs is to discontinue theverification procedures with respect to the goods which have caused the deposit to beordered.
(12) When the Director General of Customs has discontinued the verification procedures
pursuant to the provisions of the preceding paragraph, the Director General of Customs
shall notify that fact to a person who seeks to export the goods subject to the verification
procedures and the applying patentholder, etc. who has filed an application for theverification procedures.
Subsection 2 Goods the Importation of Which Is Prohibited(Goods the importation of which is prohibited)
Article 69-11. Goods set forth in the following shall not be imported:(i) narcotic drugs, psychotropic substances, cannabis, opium, opium poppies, stimulants(including raw materials thereof as referred to in the Stimulant Drugs Control Act) andutensils for opium smoking; provided, however, that those imported by the Governmentor by a person authorized, under other laws and regulations, to import pursuant to theprovisions thereof, are excluded;(i)-2 the designated drugs provided for in paragraph (15) of Article 2 (Definitions) of the
Act for Ensuring the Quality, Efficacy and Safety of Drugs and Medical Devices (Act No.
145 of 1960) (excluding those imported for the purpose of using for medical care, etc. asprovided for in Article 76-4 (Prohibition of manufacture, etc.) of that Act);(ii) hand-guns, rifles, machine guns, cannons, and bullets thereof and parts ofhand-guns; provided, however, that those imported by a person authorized, under otherlaws and regulations, to import pursuant to the provisions thereof, are excluded;(iii) explosives (i.e., explosives provided for in Article 1 of the Criminal Regulations toControl Explosives (Ordinance No. 32 of the Administrative Council of 1884); excluding
those set forth in items (ii) and (iv)); provided, however, that those imported by a person
authorized, under other laws and regulations, to import pursuant to the provisions
thereof, are excluded;(iv) explosive powder (i.e., explosive powder provided for in paragraph (1) of Article 2(Definitions) of the Explosives Control Act (Act No. 149 of 1950); excluding goods thatfall under item (ii)); provided, however, that explosive powder imported by a person
authorized, under other laws and regulations, to import pursuant to the provisions
thereof, are excluded;(v) specific substances provided for in paragraph (3) of Article 2 (Definitions, etc.) of the
Act on the Prohibition of Chemical Weapons and the Control of Specific Chemicals (ActNo. 65 of 1995); provided, however, that those imported by a person authorized, underinternational conventions or other laws and regulations, to import pursuant to theprovisions thereof, are excluded;(v)-2 pathogens, etc. of Class One and Class Two as referred to respectively inparagraph (22) and paragraph (23) of Article 6 (Definitions, etc.) of the Act on thePrevention of Infections and Medical Care for Patients with Infections (Act No. 114 of
1998); provided, however, that those imported by a person authorized, under other laws
and regulations, to import pursuant to the provisions thereof, are excluded;(vi) forged, altered or counterfeit coins, bills, bank notes, revenue stamps or postal
stamps, securities and cards (including vouchers with marks representing postage,other than postal stamps (the same applies in this item)) (excluding counterfeit revenue
stamps imported with the authorization of the Minister of Finance under paragraph (2)of Article 1 of the Act on the Control of Counterfeiting of Stamps, etc. (Act No. 189 of
1947) and counterfeit postal stamps imported with the authorization of the Minister ofInternal Affairs and Communications under paragraph (2) of Article 1 of the Act on theControl of the Counterfeiting of Postal Stamps etc. (Act No. 50 of 1972)) and the cards(including materials used in the production of such cards) that are created unlawfully
for the payment of charges or fees or for the withdrawal of depositions and that containelectronic or magnetic records;(vii) books, drawings, carvings or other articles that are detrimental to public security
or that corrupt public morals, other than those falling under the next item;(viii) child pornography (i.e., child pornography referred to in paragraph (3) of Article 2(Definitions) of the Act on the Regulation and Punishment of Activities Relating toChild Prostitution and Child Pornography, and the Protection of Children;(ix) goods that infringe patent rights, utility model rights, design rights, trademark
rights, copyrights, copyright neighboring rights, layout-design exploitation rights or
breeder’s rights (in the case of goods that infringe design rights or trademark rights only,
goods that fall under those set forth in the following items are excluded);(ix)-2 goods that infringe design rights or trademark rights (limited to goods sent fromabroad to a person in Japan (in the case of goods that infringe design rights, a person
who imports such goods in the course of trade is excluded; and in the case of goods that
infringe trademark rights, a person who produces, certificates or transfers goods in thecourse of trade is excluded) and related to an act of having another person bring fromabroad into Japan (i.e., an act of a person in a foreign country to have another personbring goods from abroad into Japan, as provided for in item (i) of paragraph (2) of Article
2 (Definitions, etc.) of the Design Act or paragraph (7) of Article 2 (Definitions, etc.) of
the Trademark Act (Act No. 127 of 1959));(x) goods that compose the acts set forth in any of items (i) to (iii) and (x), (xvii) and(xviii) of paragraph (1) of Article 2 (Definitions) of the Unfair Competition Prevention
Act (excluding acts specified in any of items (i) to (v), (vii) and (ix) of paragraph (1) of
Article 19 (Exclusion from application, etc.) of that Act for the category of unfair
competitions as set forth respectively in any of items (i) to (iii) and (x), (xvii) and (xviii)of paragraph (1) of Article 2 of that Act).
(2) The Director General of Customs may confiscate and dispose of goods set forth in anyof items (i) to (vi) or (ix) to (x) of the preceding paragraph, which are likely to beimported or may order a person who seeks to import the goods to reship them.
(3) If the Director General of Customs has reasonable grounds to believe that there are,among goods that a person seeks to import pursuant to the provisions of this Chapter,goods that fall under those set forth in item (vii) or (viii) of paragraph (1), the Director
General of Customs shall notify that fact to a person who seeks to import the goods.
(Verification procedures pertaining to goods the importation of which is prohibited)
Article 69-12. If the Director General of Customs considers that, among goods that aperson seeks to import pursuant to the provisions of this Chapter, there are those that
may fall under goods set forth in items (ix) to (x) of paragraph (1) of the preceding
Article, the Director General of Customs shall, pursuant to the provisions of Cabinet
Order, initiate procedures for verifying whether the goods fall under those set forth inthese items (hereinafter the procedures identified in this paragraph are referred to as“verification procedures” in this Subsection). In this case, the Director General ofCustoms shall, pursuant to the provisions of Cabinet Order, notify a patentholder orother right holder associated with the goods and a person who seeks to import the goodsof the fact that verification procedures are to be initiated for the goods and that thepatentholder or other right holder and the importer may produce evidence and state
their opinions as to whether they fall under those set forth in items (ix) to (x) ofparagraph (1) of the preceding Article and other matters prescribed by Cabinet Order(“patentholder or other right holder” as used in this Article means a holder of a patentright, utility model right, design right, trademark right, copyright, copyrightneighboring right, layout-design exploitation right or breeder’s right, or a person who
has the right to seek an injunction against unfair competition (i.e., a person who may,pursuant to the provisions of paragraph (1) of Article 3 (Right to seek an injunction) of
the Unfair Competition Prevention Act, seek suspension or prevention of infringementof the business interests the infringement of which has been caused by the acts specified
in item (x) of paragraph (1) of the preceding Article with respect to goods set forth inthat item; hereinafter the same applies in this Subsection).
(2) When the Director General of Customs issues a notification prescribed in thepreceding paragraph, the Director General of Customs also notifies a patentholder orother right holder concerned of the names and addresses of a person who seeks toimport the goods and their consignor and also notifies a person who seeks to import the
goods of the name and address of the patentholder or other right holder concerned.
(3) If the Director General of Customs finds that the name or address of a manufacturerof the goods subject to verification procedures is evident from a written importdeclaration or other documents relating to importation of these goods, submitted to the
Director General of Customs in accordance with the provisions of Article 67 (Export orimport permission), from other documents submitted to the Director General of
Customs in connection with the verification procedures or from indications affixed to
the goods, the Director General of Customs notifies the patentholder or other rightholder concerned of the name or address of the manufacturer. Such notification may
occur simultaneously with the notification referred to in paragraph (1), or it may occur
thereafter, provided that it occurs within the period during which the verification
procedures are carried out.
(4) If a person who has been notified under paragraph (1) seeks to import goods, as
provided for in that paragraph and asserts that the goods subject to verification
procedures (hereinafter referred to as “suspect goods” in this Article and Article 69-16(Inspection of samples of suspect goods by applicants)) do not fall under those set forthin items (ix) to (x) of paragraph (1) of the preceding Article, the Director General ofCustoms may request that person to submit documents substantiating the assertionand other documents specified by Cabinet Order.
(5) The Director General of Customs may not take any of the measures referred to inparagraph (2) of the preceding Article with respect to goods which are sought to beimported in accordance with the provisions of this Chapter unless the goods haveundergone verification procedures.
(6) If the Director General of Customs has verified as to whether suspect goods do or do
not fall under those as set forth in items (ix) to (x) of paragraph (1) of the preceding
Article, the Director General of Customs shall notify the patentholder or other rightholder relating to the verified goods and the person who seeks to import the verified
goods of the findings and the reason therefor; provided, however, that this does not
apply if a notification prescribed in the next paragraph is issued.
(7) If the situation has fallen under any of the following items before the Director
General of Customs notifies relevant persons of the verification of suspect goods underthe main clause of the preceding paragraph, the Director General of Customs is to notify
the patentholder or other right holder relating to the suspect goods of that fact and is to
discontinue the verification procedures:(i) if the suspect goods have been disposed of pursuant to the provisions of Article 34(Disposal of foreign goods);(ii) if the suspect goods have been destroyed pursuant to the provisions of the proviso toparagraph (1) of Article 45 (Liability for payment of customs duty, etc. of a person who
has obtained permission) (including the cases where applied mutatis mutandis
pursuant to Articles 36, 41-3, 61-4, 62-7 and 62-15);(iii) if the suspect goods have been reshipped pursuant to the provisions of Article 75(Reshipment of foreign goods);(iv) in addition to the situations set forth in the preceding three items, if the suspect
goods have ceased to be imported.
(8) A person who has received the notification prescribed in paragraph (2) or (3) or an
applicant provided for in paragraph (2) of Article 69-16 who has obtained the approval
pursuant to the provisions of that paragraph shall not divulge any matters to have been
notified or any other matters to have learned during the inspection (including
inspection by disassembling; the same applies in Article 69-16) or handling of a sample
relating to the application to any other person without reason, nor shall use suchmatters for any unjust purpose.

(Procedures, etc. for filing of an application relating to goods the importation of which isprohibited)
Article 69-13. A holder of a patent right, utility model right, design right, trademark
right, copyright, copyright neighboring right, breeder’s right or a person who has theright to seek an injunction against unfair competition may, pursuant to the provisions ofCabinet Order, produce to any of the Directors General of Customs evidence necessary
to demonstrate prima facie infringement with respect to goods which, the holder
believes, infringe the patent right, utility model right, design right, trademark right,
copyright, copyright neighboring right, breeder’s right or business interests, and may
file with the Director General of Customs an application for verification procedures tobe initiated by any of the Directors General of Customs if these goods are likely to beimported in accordance with the provisions of this Chapter (hereinafter in this Article
and in the next Article, the Director General of Customs with whom the application is
filed is referred to as “the Director General of Customs with whom application is filed”).
In this case, a person who has the right to seek an injunction against unfair competition
shall, pursuant to the provisions of the Ministry of Economy, Trade and Industry Order,
seek from the Minister of that Ministry, in the case where the goods are those set forthin item (x) of paragraph (1) of Article 69-11 (Goods the importation of which isprohibited) (excluding those related to item (x) of paragraph (1) of Article 2 (Definitions)of the Unfair Competition Prevention Act), the opinion with respect to the mattersspecified by that Order, which may stipulate, among other things, that the indication of
goods, etc. provided for in item (i) of paragraph (1) of Article 2 of that Act and related tothat person be well known among consumers, or in the case where the goods are those
set forth in item (x) of paragraph (1) of Article 69-11 (limited to those related to item (x)of paragraph (1) of Article 2 of that Act), the certification with respect to the fact thatthe goods at issue are those obtained by the acts of improper use as provided for in item(x) of paragraph (1) of Article 2 of that Act and that a person who is likely to import the
goods was, at the time when they were transferred to that person, aware that they wereobtained by these acts and that the person was grossly negligent in failing to know thatthey were so obtained, and shall submit the details of the opinion or certification inwriting to the Director General of Customs with whom application is filed.
(2) The Director General of Customs with whom application is filed may elect not to
accept the application prescribed in the preceding paragraph if the evidence is found to
be insufficient to demonstrate prima facie infringement related to the application.
(3) When the application prescribed in paragraph (1) has been filed, the Director
General of Customs with whom application is filed, if the application has been accepted,

shall notify that fact and the effective period of the application (i.e., the period during
which verification procedures is, based on that application, to be carried out each time
goods related to the application are found among those goods likely to be imported
during the period in accordance with the provisions of this Chapter) to the person who
has filed the application and if the application has not been accepted pursuant to theprovisions of the preceding paragraph, shall notify that fact and the reason therefor tothat person.
(4) When the Director General of Customs has accepted the application prescribed inparagraph (1) or the application has been accepted by any other Director General of
Customs, if verification procedures has been initiated for goods relating to theapplication, the Director General of Customs shall, pursuant to the provisions ofCabinet Order, provide, upon request, a person who has filed the application or a person
who seeks to import the goods with an opportunity to inspect the goods; provided,
however, that this does not apply when the verification procedures has been
discontinued pursuant to the provisions of paragraph (7) of the preceding Article.

(Seeking opinions of technical advisers when an application for import suspension is
filed)
Article 69-14. When an application prescribed in paragraph (1) of the preceding Article
has been filed, the Director General of Customs with whom application is filed may, if it
is found necessary to do so, designate persons with academic background andexperience in intellectual property rights, having no special interests with the parties
involved in the cases relating to the application, to serve as technical advisers and may
seek, pursuant to the provisions of Cabinet Order, the opinions of the technical advisers
as to whether the evidence produced pursuant to the provisions of that paragraph is
sufficient to demonstrate prima facie infringement related to the application; provided,
however, that this does not apply to the matters with respect to which the opinion or
certification of the Minister of Economy, Trade and Industry is to be sought pursuant to
the provisions of the second sentence of that paragraph.

(Deposit, etc. associated with application for import suspension)
Article 69-15. When the Director General of Customs has accepted the applicationprescribed in paragraph (1) of Article 69-13 (Procedures, etc. for filing of an application
relating to goods the importation of which is prohibited) or the application has been

accepted by any other Director General of Customs, if it is found necessary in order toensure compensation for damages that a person seeking to import goods related to theapplication is likely to incur from being unable to import until completion of theverification procedures for the goods, the Director General of Customs may order aperson who has filed the application (hereinafter in this Article referred to as“applicant”) to deposit, within a specified period, an amount of money deemed to be
sufficient to cover the damages with the deposit office designated by the Director
General of Customs.
(2) If the amount of the monetary deposit provided pursuant to the provisions of thepreceding paragraph is found insufficient to compensate for the damages provided for inthat paragraph, the Director General of Customs may order the applicant to deposit,
within a specified period, an amount of money deemed to be equivalent to the shortfall.
(3) The monetary deposit to be provided pursuant to the provisions of the preceding two
paragraphs may be replaced by National Government Bonds, Local Government Bonds
or other securities which the Director General of Customs finds to be secure (othersecurities include book-entry transfer bonds as provided for in paragraph (1) of Article
278 (Deposit of transferred bonds) of the Act on Book-Entry Transfer of Corporate
Bonds, Shares, etc.; the same applies in this Article and in Article 69-20 (Request fordiscontinuance of verification procedures pertaining to goods the importation of which
is prohibited, etc.)).
(4) Necessary matters concerning procedures required by the Director General of
Customs in connection with the deposit provided pursuant to the order prescribed inparagraph (1) or (2) are prescribed by Cabinet Order.
(5) If, pursuant to the provisions of Cabinet Order, an applicant enters into a contract
which provides that the amount necessary to compensate for the damages provided forin paragraph (1) is paid on the applicant’s behalf and notifies the Director General of
Customs of that fact within the time limit specified in paragraph (1) or (2), the applicant
may not deposit the whole or part of the amount referred to in paragraph (1) or (2) while
the contract is effective.
(6) The importer of goods referred to in paragraph (1) has the right, with respect to theclaim for damages against an applicant as provided for in that paragraph, to be paid, in
advance of any other creditors, from the monetary deposit provided pursuant to theprovisions of paragraphs (1) and (2) (the monetary deposit includes securities referred
to in paragraph (3); the same applies in paragraphs (8) to (10)).
(7) Necessary matters concerning the exercise of right referred to in the preceding
paragraph are prescribed by Cabinet Order.

(8) An applicant who has provided the monetary deposit pursuant to the provisions ofparagraph (1) or (2) may recover the deposit if any of the situations as set forth in thefollowing items occurs:(i) if the applicant has received a notification prescribed in the main clause of paragraph(6) of Article 69-12 (Verification procedures pertaining to goods the importation of which
is prohibited), stating that goods which have caused the deposit to be provided fallunder those set forth in items (ix) to (x) of paragraph (1) of Article 69-11 (Goods theimportation of which is prohibited);(ii) if the applicant has received a notification prescribed in paragraph (7) of Article
69-12 with respect to goods which have caused the deposit to be provided;(iii) if it has been proved to, and confirmed by the Director General of Customs that theimporter of goods referred to in paragraph (1) has consented to the recovery of themonetary deposit, that the right to claim for compensation for damages as provided forin that paragraph has been extinguished by prescription or otherwise that the deposit
for compensation for damages as provided for in that paragraph is no longer necessary;(iv) if the applicant has entered into a contract referred to in paragraph (5) and thecontract has been approved by the Director General of Customs pursuant to theprovisions of Cabinet Order;(v) if, pursuant to the provisions of Cabinet Order, it has been approved by the Director
General of Customs to provide another deposit, in lieu of the deposit actually provided,
for the reason of redemption of the deposited securities or for other reason.
(9) Necessary matters concerning recovery of the monetary deposit provided for in thepreceding paragraph are prescribed by the Ministry of Justice Order and the Ministry of
Finance Order.
(10) If a person who has been ordered to deposit pursuant to the provisions of paragraph(1) or (2) fails to deposit the whole amount within the time limit specified pursuant to
the provisions of these paragraphs and also fails to issue a notification of entering into acontract prescribed in paragraph (5), the Director General of Customs may discontinue
verification procedures with respect to goods that have caused the deposit to beprovided.
(11) If the verification procedures have been discontinued pursuant to the provisions of
the preceding paragraph, the Director General of Customs shall notify that fact to aperson who has filed an application for the verification procedures and a person who
seeks to import goods subject to the verification procedures.
(Inspection of samples of suspect goods by applicants)

Article 69-16. A holder of a patent right, utility model right, design right, trademark
right, copyright, copyright neighboring right or breeder’s right, or a person who has theright to seek an injunction against unfair competition, whose application prescribed inparagraph (1) of Article 69-13 (Procedures, etc. for filing of an application relating togoods the importation of which is prohibited) has been accepted, may file with the
Director General of Customs an application for approval for inspection of a sample ofsuspect goods which are subject to the verification procedures, provided that theapplication for approval is filed while the verification procedures for the goods arecarried out. In this case, the Director General of Customs, upon receipt of theapplication, shall notify a person who seeks to import the suspect goods of that fact.
(2) If all of the requirements set forth in the following items are met, the Director
General of Customs is to give, in response to an application filed under the preceding
paragraph, approval for inspection of the sample of suspect goods subject to theverification procedures to a person who has filed the application (including a person
assigned to conduct the inspection; hereinafter in this Article (excluding paragraph (5))
referred to as “applicant”); provided, however, that this does not apply if it is evident
that the goods subject to the application do or do not fall under those set forth in item(ix) of paragraph (1) of Article 69-11 (Goods the importation of which is prohibited)(goods that infringe a layout-design exploitation right are excluded; the same applies inthis paragraph and paragraph (5)) or item (ix)-2 or (x) of paragraph (1) of that Article, orotherwise where the Director General of Customs finds that the approval is notnecessary to be given:(i) that the inspection of sample is found to be necessary in order to produce evidence orstate the opinion to the Director General of Customs to substantiate that the suspect
goods from which the sample has been taken fall under those as set forth in item (ix) ofparagraph (1) of Article 69-11 or item (ix)-2 or (x) of that paragraph;(ii) that it is found that the interests of a person who seeks to import suspect goods fromwhich the sample has been taken are not likely to be unjustly infringed;(iii) that, in addition to the requirements set forth in the preceding items, it is foundthat the sample is not likely to be used for unjust purposes;(iv) that the applicant is found to have the ability and financial resources necessary toproperly carry out transport, storage, inspection or other handling, of the sample.
(3) If the Director General of Customs approves inspection of a sample by an applicant
pursuant to the provisions of the preceding paragraph, the Director General of Customs
shall notify that fact to the applicant (excluding a person assigned to conduct theinspection) and the person who seeks to import the suspect goods from which thesample has been taken.
(4) If the approval is given by the Director General of Customs pursuant to theprovisions of paragraph (2), expenses necessary for transport, storage or inspection of
the sample and other expenses shall be borne by the applicant to the extent necessary
for inspection of the sample.
(5) The preceding Article (excluding paragraph (11)) applies mutatis mutandis to thecase where the Director General of Customs gives approval pursuant to the provisionsof paragraph (2). In this case, the terms reproduced in the middle columns of thefollowing table, which are used in the paragraphs of the left columns are replaced
respectively with the terms shown in the right columns:

Provisions

Terms or phrases to be replaced

Terms or phrases to replaceparagraph (1) of Article 69-15

from being unable to import until
completion of the verification
procedures for the goods,

when the suspect goods from which
the sample has been taken have notbeen verified to fall under the
goods set forth in item (ix) ofparagraph (1) of Article 69-11 oritem (ix)-2 or (x) of that paragraph,a person who has filed an
application for approval(hereinafter in this Article referred
to as “applicant”

a person who has filed theapplication (hereinafter in this
Article referred to as “applicant”
Paragraphs (2), (5), (6) and (8) of
Article 69-15

applicantapplicantParagraph (10) of Article 69-15

discontinue verification procedures

elect not to give the approvalreferred to in paragraph (2) of thenext Article(6) If inspection of a sample is conducted by the applicant who has been given approval
pursuant to the provisions of paragraph (2), customs officials shall attend the inspection.
In this case, a person who seeks to import the suspect goods from which the sample
have been taken may, upon request to the Director General of Customs, attend theinspection.
(7) In addition to the matters provided for in the preceding paragraphs, necessary
matters concerning procedures required for application referred to in paragraph (1),expenses to be borne under paragraph (4) and other matters concerning inspection of asample by an applicant are prescribed by Cabinet Order.
(Seeking opinions relating to goods the importation of which is prohibited, etc.)
Article 69-17.

If verification procedures have been initiated to determine whether

goods do or do not fall under those that infringe a patent right, utility model right,

design right or those that compose the acts set forth in item (x) of paragraph (1) of
Article 2 (Definitions) of the Unfair Competition Prevention Act (excluding the acts
provided for in item (vii) of paragraph (1) of Article 19 (Exclusion from application, etc.)of that Act; hereinafter the same applies in this paragraph and paragraph (9)), apatentholder or other right holder associated with these goods (i.e., a holder of patentright, utility model right or design right, or a person who has the right to seek an
injunction against unfair competition (limited to a person associated with goods thatcompose the acts set forth in item (x) of paragraph (1) of Article 2 of that Act;
hereinafter the same applies in this paragraph, paragraph (9) and paragraph (1) of
Article 69-20 (Request for discontinuance of verification procedures pertaining to goods
the importation of which is prohibited, etc.); hereinafter the same applies in this Article)
or an importer of these goods (i.e., a person who seeks to import goods subject to theverification procedures; hereinafter the same applies in this Article) may, pursuant to
the provisions of Cabinet Order, request the Director General of Customs to seek, in thecase where verification procedures have been initiated to determine whether goods
subject to the procedures do or do not fall under those that infringe the patent right,
utility model right or design right of the patentholder or other right holder (excluding aperson who has the right to seek an injunction against unfair competition), the opinionof the Commissioner of the Patent Office with respect to the technical scope, etc., or in
the case where verification procedures have been initiated to determine whether goods
subject to the procedures do or do not fall under those that compose the acts set forth initem (x) of paragraph (1) of Article 2 of the Unfair Competition Prevention Act andrelated to the patentholder or other right holder (limited to a person who has the rightto seek an injunction against unfair competition), the opinion of the Minister of
Economy, Trade and Industry as to whether the goods subject to the verification
procedures fall under those that compose the acts set forth in that item, provided thatthe request is made within the period during which the verification procedures arecarried out, but before the day on which ten days (public holidays of the administrative
organs are not included) elapse from the day on which the patentholder or other rightholder receives the notification prescribed in paragraph (1) of Article 69-12 (Verification
procedures pertaining to goods the importation of which is prohibited) (hereinafter inthis paragraph and paragraph (2) of Article 69-20 referred to as “the date of
notification”) (in paragraphs (1) and (2) of Article 69-20, the day on which ten days
elapse is referred to as “the day on which ten days elapse”) (if the Director General of
Customs, before expiry of the period of ten days, finds it necessary to extend the period
in consideration of the progress made with respect to the verification procedures orother circumstances and notifies the patentholder or other right holder and theimporter of the findings, the period may be extended until the day on which twenty days
(public holidays of the administrative organs are not included) elapse from the date of
notification (in paragraph (1) of Article 69-20, the day on which twenty days elapse fromthe date of notification is referred to as “the day on which twenty days elapse”))(“technical scope, etc.” as used in this paragraph means the technical scope provided forin paragraph (1) of Article 70 (Technical scope of patented invention) of the Patent Act(including the cases where applied mutatis mutandis pursuant to Article 26 (Mutatis
mutandis application of the Patent Act) of the Utility Model Act), or the scope provided
for in paragraph (1) of Article 25 (Scope of registered design, etc.) of the Design Act (thesame applies in paragraph (9) and Article 69-19 (Seeking opinions of technical advisersin verification procedures pertaining to goods the importation of which is prohibited))).
(2) If a request prescribed in the preceding paragraph has been made, the Director
General of Customs is to seek, pursuant to the provisions of Cabinet Order, the opinionof the Minister of Economy, Trade and Industry or the Commissioner of the Patent
Office; provided, however, that this does not apply if the Director General of Customs
finds it evident that goods subject to the request as prescribed in that paragraph do or
do not fall under those set forth in items (ix) to (x) of paragraph (1) of Article 69-11(Goods the importation of which is prohibited) or otherwise if the Director General of
Customs finds it unnecessary to seek the opinion of the Minister or the Commissioner.
(3) When a request prescribed in paragraph (1) has been made, if the Director Generalof Customs has not sought the opinion of the Minister of Economy, Trade and Industry
or the Commissioner of the Patent Office pursuant to the provisions of the proviso to thepreceding paragraph, the Director General of Customs shall notify the patentholder orother right holder or the importer who has made the request prescribed in paragraph(1) of that fact and the reason therefor.
(4) When the Minister of Economy, Trade and Industry or the Commissioner of the
Patent Office has been sought an opinion by the Director General of Customs pursuant
to the provisions of the main clause of paragraph (2), the Minister or Commissioner
shall provide the opinion in writing within thirty days from the day on which theopinion is sought.
(5) When the Director General of Customs has sought the opinion of the Minister of
Economy, Trade and Industry or the Commissioner of the Patent Office pursuant to theprovisions of the main clause of paragraph (2), the Director General of Customs shallnotify the patentholder or other right holder and the importer concerned of that fact.
(6) When the opinion prescribed in paragraph (4) has been provided, the Director

General of Customs shall notify the patentholder or other right holder and the importer
concerned of that fact and the details of the opinion.
(7) When the Director General of Customs has sought the opinion of the Minister of
Economy, Trade and Industry or the Commissioner of the Patent Office pursuant to theprovisions of the main clause of paragraph (2), the Director General of Customs shallnot determine, before the opinion prescribed in paragraph (4) is provided, that, in thecase where a person who has made the request referred to in paragraph (1) is apatentholder or other right holder, the goods concerned do not fall under those set forthin items (ix) to (x) of paragraph (1) of Article 69-11, or in the case where a person who
has made the request referred to in paragraph (1) is an importer, the goods concerned
fall under those set forth in items (ix) to (x) of paragraph (1) of that Article.
(8) When the Director General of Customs has sought the opinion of the Minister of
Economy, Trade and Industry or the Commissioner of the Patent Office pursuant to theprovisions of the main clause of paragraph (2), if, before the opinion prescribed inparagraph (4) is provided, the Director General of Customs has determined that, in thecase where a person who has made the request referred to in paragraph (1) is apatentholder or other right holder, the goods concerned fall under those set forth initems (ix) to (x) of paragraph (1) of Article 69-11 or that, in the case where a person who
has made the request referred to in paragraph (1) is an importer, the goods concerned do
not fall under those set forth in items (ix) to (x) of paragraph (1) of that Article, or if the
Director General of Customs has discontinued verification procedures with respect tothe goods concerned pursuant to the provisions of paragraph (7) of Article 69-12 orparagraph (10) of Article 69-15 (Deposit, etc. associated with application for importsuspension), the Director General of Customs shall notify the Minister or theCommissioner of that fact. In this case, the Minister or the Commissioner is not
required to provide the opinion prescribed in paragraph (4).
(9) In the verification procedures for determining whether goods fall under those that
infringe a patent right, utility model right or design right or fall under those thatcompose the acts set forth in item (x) of paragraph (1) of Article 2 of the Unfair
Competition Prevention Act, the Director General of Customs may, if it is foundnecessary for the purpose of verification prescribed in paragraph (1) of Article 69-12,
seek, pursuant to the provisions of Cabinet Order, in the case where the verification
procedures have been initiated to determine whether goods fall under those that
infringe the patent right, utility model right or design right of a patentholder or otherright holder, the opinion of the Commissioner of the Patent Office with respect to thetechnical scope, etc. as to whether the goods subject to the verification procedures fall

under those that infringe the patent right, utility model right or design right of thepatentholder or other right holder concerned (excluding a person who has the right toseek an injunction against unfair competition), or in the case where the verification
procedures have been initiated to determine whether goods fall under those thatcompose the acts set forth in that item, the opinion of the Minister of Economy, Tradeand Industry as to whether the goods concerned fall under those that compose the acts
set forth in that item, related to the patentholder or other right holder (limited to aperson who has the right to seek an injunction against unfair competition).
(10) Paragraphs (4) to (6) of this Article and paragraph (5) of the next Article apply

mutatis mutandis to the case where an opinion is sought pursuant to the provisions of
the preceding paragraph. In this case, necessary technical replacement of the terms isprescribed by Cabinet Order.
(Seeking opinions of the Minister of Agriculture, Forestry and Fisheries, etc. inverification procedures pertaining to goods the importation of which is prohibited)
Article 69-18. In the verification procedures for determining whether goods do or do
not fall under those that infringe a breeder’s right or those set forth in item (x) ofparagraph (1) of Article 69-11 (Goods the importation of which is prohibited) (excluding
those relating to item (x) of paragraph (1) of Article 2 (Definitions) of the Unfair
Competition Prevention Act; the same applies in this paragraph and paragraph (5)), if it
is found necessary for the purpose of verification prescribed in paragraph (1) of Article
69-12 (Verification procedures pertaining to goods the importation of which isprohibited), the Director General of Customs may, pursuant to the provisions of Cabinet
Order, seek for reference purposes the opinion of the Minister of Agriculture, Forestry
and Fisheries in the case of verification procedures for goods that may infringe abreeder’s right or the opinion of the Minister of Economy, Trade and Industry in the caseof verification procedures for goods that may fall under those set forth in item (x) ofparagraph (1) of Article 69-11.
(2) When an opinion has been sought by the Director General of Customs pursuant to
the provisions of the preceding paragraph, the Minister of Agriculture, Forestry and
Fisheries or the Minister of Economy, Trade and Industry shall provide the opinion inwriting within thirty days from the date on which the opinion is sought.
(3) When the Director General of Customs has sought the opinion pursuant to theprovisions of paragraph (1), the Director General of Customs shall notify that fact to theholder of breeder’s right or the person who has the right to seek an injunction against
unfair competition, involved in the verification procedures and also to a person whoseeks to import goods subject to the verification procedures.
(4) When the opinion prescribed in paragraph (2) has been provided, the Director
General of Customs shall notify that fact and the details of the opinion to the holder ofbreeder’s right or the person who has the right to seek an injunction against unfair
competition, as the case may be and to a person who seeks to import goods subject to theverification procedures, as referred to in the preceding paragraph.
(5) When the Director General of Customs has sought the opinion of the Minister ofAgriculture, Forestry and Fisheries or the Minister of Economy, Trade and Industry
pursuant to the provisions of paragraph (1), if the Director General of Customs has
determined, before the opinion prescribed in paragraph (2) is provided, that the goods
concerned do or do not fall under those that infringe a breeder’s right or those set forthin item (x) of paragraph (1) of Article 69-11 or if the Director General of Customs has
discontinued verification procedures for these goods pursuant to the provisions ofparagraph (7) of Article 69-12 or paragraph (10) of Article 69-15 (Deposit, etc. associatedwith application for import suspension), the Director General of Customs is to notify the
Minister of Agriculture, Forestry and Fisheries or the Minister of Economy, Trade andIndustry, as the case may be, of that fact. In this case, the Minister concerned is not
required to provide the opinion prescribed in paragraph (2).

(Seeking opinions of technical advisers in verification procedures pertaining to goods
the importation of which is prohibited)
Article 69-19. In the verification procedures for determining whether goods do or do
not fall under those set forth in item (ix) of paragraph (1) of Article 69-11 (Goods theimportation of which is prohibited) (excluding goods that infringe a breeder’s right) or
under those set forth in item (ix)-2 of that paragraph, the Director General of Customs
may, if it is found necessary for the purpose of verification prescribed in paragraph (1) of
Article 69-12 (Verification procedures pertaining to goods the importation of which isprohibited), designate persons with academic background and experience in intellectual
property rights, having no special interests with the parties involved in the cases
subject to the verification procedures, to serve as technical advisers, and may, pursuant
to the provisions of Cabinet Order, seek opinions of the technical advisers for reference
purposes; provided, however, that this does not apply to the technical scope, etc.

(Request for discontinuance of verification procedures pertaining to goods theimportation of which is prohibited, etc.)
Article 69-20. If verification procedures have been initiated for goods related to theapplication prescribed in paragraph (1) of Article 69-13 (Procedures, etc. for filing of an
application relating to goods the importation of which is prohibited) which has been
filed by a holder of patent right, utility model right, design right or a person who has theright to seek an injunction against unfair competition and has been accepted(hereinafter in this Article a right holder whose application has been accepted isreferred to as “applying patentholder, etc.”), a person who seeks to import the goods may,after the day as specified in each of the following items for the category of cases as set
forth respectively therein, request the Director General of Customs to discontinue theverification procedures pursuant to the provisions of Cabinet Order, provided that therequest is made while the verification procedures are carried out:(i) if it is notified that the period until the day on which ten days elapse is extended
pursuant to the provisions of paragraph (1) of Article 69-17 (Seeking opinions relating togoods the importation of which is prohibited, etc.): the day on which twenty days elapse(or, if a notification stating that the opinion of the Minister of Economy, Trade andIndustry or the Commissioner of the Patent Office has been sought pursuant to theprovisions of paragraph (5) of Article 69-17 (including the cases where applied mutatis
mutandis pursuant to paragraph (10) of Article 69-17; the same applies in the nextitem) has been received, the day on which twenty days elapse or the day on which tendays elapse from the date of receipt of the notification concerning seeking of the opinion,
as prescribed in paragraph (6) of Article 69-17 (including the cases where appliedmutatis mutandis pursuant to paragraph (10) of Article 69-17; the same applies in thenext item), whichever comes later);(ii) in the case other than the case set forth in the preceding item: the day on which tendays elapse (or, if a notification stating that the opinion of the Minister of Economy,
Trade and Industry or the Commissioner of the Patent Office has been sought pursuant
to the provisions of paragraph (5) of Article 69-17 has been received, the day on which
ten days elapse or the day on which ten days elapse from the date of receipt of thenotification concerning seeking of the opinion, as prescribed in paragraph (6) of Article
69-17, whichever comes later).
(2) When the Director General of Customs has initiated verification procedures withrespect to goods related to the application of the applying patentholder, etc., theDirector General of Customs shall, before the day on which ten days elapse, notify aperson who seeks to import the goods of the date of notification.
(3) If discontinuance of verification procedures has been requested pursuant to theprovisions of paragraph (1), the Director General of Customs shall notify that fact to theapplying patentholder, etc. who has filed an application for the verification procedures
and order a person who has so requested (hereinafter in this Article referred to as“requester”) to provide, within a specified period, a monetary deposit with thedesignated deposit office in an amount deemed to be sufficient to cover the damages
that may be incurred by the applying patentholder, etc. from importation of the goods
subject to the verification procedures.
(4) The monetary deposit provided pursuant to the provisions of the preceding
paragraph may be replaced by National Government Bonds, Local Government Bonds
or other securities which the Director General of Customs finds to be secure.
(5) Necessary matters concerning procedures required by the Director General of
Customs with respect to the deposit provided pursuant to the order prescribed inparagraph (3) are prescribed by Cabinet Order.
(6) If, pursuant to the provisions of Cabinet Order, the requester has entered into acontract which provides that the amount necessary to compensate for damages asprovided for in paragraph (3) shall be paid on the requester’s behalf and has notified the
Director General of Customs of that fact within the period specified under thatparagraph, the requester may not deposit the whole or part of the amount referred to inthat paragraph while the contract is effective.
(7) The applying patentholder, etc. referred to in paragraph (3) has the right, withrespect to the right to claim for compensation for damages against the requester as
provided for in that paragraph, to be paid in advance of any other creditors, from themonetary deposit provided pursuant to the provisions of that paragraph (the deposit
includes securities prescribed in paragraph (4); the same applies in paragraphs (9) to(11)).
(8) Necessary matters concerning the exercise of right referred to in the preceding
paragraph are prescribed by Cabinet Order.
(9) The requester who has provided the monetary deposit pursuant to the provisions ofparagraph (3) may recover the deposit if the situation falls under any of the cases as set
forth in the following items:(i) if it has been proved to, and confirmed by the Director General of Customs that theapplying patentholder, etc. referred to in paragraph (12) has consented to the recovery
of monetary deposit, that the right to claim for compensation for damages as provided
for in paragraph (3) has been extinguished by prescription or otherwise that the deposit
for compensation for damages provided for in paragraph (3) is no longer necessary;(ii) if the contract referred to in paragraph (6) has been entered into and has beenapproved by the Director General of Customs pursuant to the provisions of Cabinet
Order;(iii) if, pursuant to the provisions of Cabinet Order, it has been approved by the Director
General of Customs to provide another deposit, in lieu of the deposit actually provided,
for the reason of redemption of the deposited securities or for other reason;(iv) in addition to the situations set forth in the preceding three items, if the applying
patentholder, etc. referred to in paragraph (12) fails to institute, within thirty days fromthe date on which the applying patentholder, etc. receives the notification prescribed inthat paragraph, any judicial action for claiming for damages as provided for inparagraph (3).
(10) Necessary matters concerning the recovery of monetary deposit as prescribed in thepreceding paragraph are prescribed by the Ministry of Justice Order and the Ministry of
Finance Order.
(11) If a person who has been ordered to deposit pursuant to the provisions of paragraph(3) deposits, within the period specified under that paragraph, the whole amount soordered or issues to the Director General of Customs a notification of entering into acontract prescribed in paragraph (6), the Director General of Customs is to discontinue
verification procedures for the goods which have caused the deposit to be provided.
(12) If the Director General of Customs has discontinued verification procedures
pursuant to the provisions of the preceding paragraph, the Director General of Customs
shall notify that fact to a person who seeks to import goods subject to the verification
procedures and the applying patentholder, etc. who has made an application for theverification procedures.
Subsection 3 Technical Advisers
Article 69-21. Technical advisers whose opinions are sought by the Director General of
Customs pursuant to the provisions of Article 69-5 (Seeking opinions of technicaladvisers when an application for export suspension is filed), Article 69-9 (Seeking
opinions of technical advisers in verification procedures pertaining to goods theexportation of which is prohibited), Article 69-14 (Seeking opinions of technical adviserswhen an application for import suspension is filed) and Article 69-19 (Seeking opinionsof technical advisers in verification procedures pertaining to goods the importation ofwhich is prohibited), shall not divulge any secrets that they have learned in connection
with the cases for which their opinions are sought. The same applies after theirresignation.

(2) Necessary matters concerning technical advisers, including designation to technicaladvisers, are prescribed by Cabinet Order.