(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.12 of March 31, 2021

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 plant 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 under the provisions of this Chapter, goods that
may fall under those set forth in item (ii) of paragraph (1), the Director General of
Customs shall notify his findings to a person who intends 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 under the provisions of this Chapter, goods that may fallunder those set forth in item (iii) or (iv) of paragraph (1) of the preceding Article, theDirector General of Customs shall, pursuant to the provisions of Cabinet Order, initiate
procedures for verifying whether these goods fall under those set forth in these 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 or other right holder
and a person who exports the goods of the fact that verification procedures are to be
initiated for the goods and that the patentholder or other right holder and the exporter
may produce evidence and state their opinions as to whether they do or do not fall underthose set forth in item (iii) or (iv) of paragraph (1) of the preceding Article and othermatters specified by Cabinet Order (“patentholder or other right holder” as used in this
Article and in the next Article means a holder of patent right, utility model right, design
right, trademark right, copyright, copyright neighboring right or plant breeder’s right,
or a person who has the right to seek an injunction against unfair competition (i.e., aperson who may seek, pursuant to the provisions of paragraph (1) of Article 3 (Right toseek an injunction) of the Unfair Competition Prevention Act, the suspension or
prevention of infringement of business interests the infringement of which has beencaused by the acts specified in item (iv) of paragraph (1) of the preceding Article withrespect to goods set forth in that item; hereinafter the same applies in this Subsection)).
(2) If the Director General of Customs issues a notification prescribed in the preceding
paragraph, the Director General of Customs shall also notify the patentholder or otherright holder pertaining to the goods in question of the names and addresses of theperson who exports the goods and the consignee and also notify the person who exports
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 goods subject to verification procedures is evident from a written export declarationor other documents filed with respect to the goods pursuant to the provisions of Article

67 (Export or import permission), from other documents submitted to the Director
General of Customs in the verification procedures or from indications affixed to thegoods, the Director General of Customs shall notify the patentholder or other rightholder 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 shall not be takenby the Director General of Customs with respect to goods destined for export under theprovisions of this Chapter unless the goods 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
concerned and the person who exports the goods of the findings and the reasons
therefor; provided, however, that this does not apply to the case where the notificationprescribed in the next paragraph is issued.
(6) If the suspect goods have ceased to be exported before the notification of verification
pertaining to the suspect goods, as prescribed in the main clause of the preceding
paragraph, is issued, the Director General of Customs shall notify the patentholder orother right holder concerned of that fact and shall discontinue the verification
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 for application pertaining to goods the exportation of which is prohibited)
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 which, the holder
believes, infringe the patent right, utility model right, design right, trademark right,
copyright, copyright neighboring right, plant breeder’s right or business interests, andmay file with the Director General of Customs an application for verification procedures
to be initiated by that or other Director General of Customs if the goods are 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 with whom an 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 (iv) of paragraph (1) of Article 69-2 (Goods the exportation of which isprohibited) (excluding those pertaining to item (x) of paragraph (1) of Article 2(Definitions) of the Unfair Competition Prevention Act), the opinion with respect to thematters specified by that Order, which may stipulate, among other things, that theindication 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 thegoods are those set forth in item (iv) of paragraph (1) of Article 69-2 (limited to thosepertaining to item (x) of paragraph (1) of Article 2 of that Act), the certification withrespect to the fact that the goods in question 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 export the goods was, at the time when they were transferred to that
person, aware that they were obtained by such acts and that the person was grossly
negligent in failing to know that they were so obtained, and shall submit 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 prima facie infringement pertaining to the application.
(3) The Director General of Customs with whom application is filed shall, in the casewhere the application prescribed in paragraph (1) is filed, if the application has been
accepted, notify the person who has filed the application of that fact and the effective
period of the application (i.e., the period during which the Director General of Customs
is to carry out, based on that application, verification procedures each time the Director
General of Customs finds that there are, among goods to be exported during that period
pursuant to the provisions of this Chapter, goods pertaining to that application),whereas if the Director General of Customs does not accept the application pursuant to
the provisions of the preceding paragraph, the Director General of Customs shall notifythat person of that fact and the reason therefor.
(4) In the case where the Director General of Customs has accepted the applicationprescribed in paragraph (1) or the application has been accepted by any other Director

General of Customs, if the verification procedures for the goods pertaining to thatapplication has been initiated, the Director General of Customs shall, pursuant to theprovisions of Cabinet Order, provide, upon request, the person who has filed thatapplication or the person who exports the goods with an opportunity to inspect the
goods; provided, however, that this does not apply to the case where verification
procedures have been discontinued pursuant to the provisions of paragraph (6) of thepreceding Article.

(Seeking opinions of technical advisers with respect to application for export
suspension)
Article 69-5.

In the case where an application prescribed in paragraph (1) of thepreceding Article is filed, the Director General of Customs with whom application is
filed may, if it is found necessary, 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 cases pertaining to the application, to serve as technical advisers andmay, pursuant to the provisions of Cabinet Order, seek opinions of the technicaladvisers as to whether the evidence produced pursuant to the provisions of paragraph(1) of the preceding Article is sufficient to demonstrate prima facie infringement
pertaining to that application; provided, however, that this does not apply to thematters 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 ofparagraph (1) of the preceding Article.

(Deposit, etc. pertaining to application for export suspension)
Article 69-6. In the case where the Director General of Customs has accepted theapplication prescribed in paragraph (1) of Article 69-4 (Procedures for application
pertaining 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 for ensuring
compensation for damages that a person who exports goods pertaining to theapplication is likely to incur from being unable to export 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 make a monetary deposit, within a specified period, in an amountdeemed to be sufficient to cover the damages with the deposit office to be designated by
the Director General of Customs.
(2) The Director General of Customs may, if the amount of monetary deposit provided
pursuant to the provisions of the preceding paragraph is found insufficient tocompensate for the damages provided for in that paragraph, order the applicant toprovide, within a specified period, a monetary deposit in an amount deemed to beequivalent 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) shall be prescribed by Cabinet Order.
(5) If an applicant, pursuant to the provisions of Cabinet Order, enters into a contract
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 notifies the Director
General of Customs of that fact within the period specified in paragraph (1) or (2), thenthe applicant may not deposit the whole or part of the amount of money referred to inparagraph (1) or (2) while the contract remains in effect.
(6) An exporter of the goods referred to in paragraph (1) shall have the right, withrespect to the 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 the provisions of paragraphs (1) and (2) (the monetary deposit includes
securities prescribed 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 shall be 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
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, pursuant to the provisions of Cabinet Order, been approved by the
Director General of Customs;(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 shall be prescribed by the Ministry of Justice Order and theMinistry 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 of money within the period specified
pursuant to the provisions of these paragraphs and also fails to notify of entering into acontract prescribed in paragraph (5), the Director General of Customs may discontinue
verification procedures for the goods that have caused the deposit to be provided.
(11) The Director General of Customs shall, if the verification procedures have been
discontinued pursuant to the provisions of the preceding paragraph, notify that fact to aperson who has made an application pertaining to the verification procedures and aperson who intends to export goods subject to the verification procedures.

(Seeking opinions pertaining 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 pertaining to the goods (i.e., a holder of patent right,
utility model right or design right, or a person who has the right to seek an injunction
against unfair competition (limited to a person pertaining to goods that compose theacts 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 69-10 (Request fordiscontinuance of verification procedures pertaining to goods the exportation of which isprohibited, etc.); hereinafter the same applies in this Article) or an exporter pertaining
to the goods (i.e., a person who exports goods subject to the verification 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 the case where theverification procedures has been initiated to determine whether the goods subject to theprocedures do or do not fall under those that infringe the patent right, utility modelright 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 theCommissioner of the Patent Office with respect to the technical scope, etc., or in the casewhere 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 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, 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 shall not be included) elapse fromthe 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 and other circumstances and notifies the patentholder
or other right holder and the exporter of his findings, the period may be extended until
the day on which twenty days (public holidays of the administrative organs shall not be
included) 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 case 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) The Director General of Customs shall, if a request prescribed in the preceding
paragraph has been made, seek, pursuant to the provisions of Cabinet Order, theopinion of the Minister of Economy, Trade and Industry or the Commissioner of the
Patent Office; provided, however, that this does not apply to the case where the Director
General of Customs finds it evident that goods pertaining to the request as prescribed inthat 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 General of Customs finds it unnecessary to seek the opinion of the Minister or
the Commissioner.
(3) In the case where a request prescribed in paragraph (1) has been made, if the
Director General of Customs has not sought the opinion of the Minister of Economy,
Trade and Industry or the Commissioner of the Patent Office pursuant to the provisionsof the proviso to the preceding paragraph, the Director General of Customs shall notify
the patentholder or other right holder or exporter who has made the request prescribedin paragraph (1) of that fact and the reason therefor.
(4) If the Minister of Economy, Trade and Industry or the Commissioner of the Patent
Office is 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) The Director General of Customs, if the opinion prescribed in paragraph (4) isprovided, shall notify the patentholder or other right holder and the exporter concerned

of that fact and the details of the opinion.
(7) If 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, where 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 in question do not fallunder those set forth in item (iii) or (iv) of paragraph (1) of Article 69-2, or where aperson who requests the Director General of Customs to seek the opinion referred to inparagraph (1) is an exporter, the goods in question fall under those set forth in item (iii)or (iv) of paragraph (1) of that Article.
(8) In the case where the Director General of Customs has sought the opinion of the
Minister of Economy, Trade and Industry or the Commissioner of the Patent Officepursuant to the provisions of the main clause of paragraph (2), if, before the opinion
prescribed in paragraph (4) is provided, the Director General of Customs has
determined that, where a person who requests the opinion under paragraph (1) is apatentholder or other right holder, the goods in question fall under those set forth initem (iii) or (iv) of paragraph (1) of Article 69-2 or where a person who requests theopinion under paragraph (1) is an exporter, the goods in question 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 the verification procedures for the goods in question
pursuant to the provisions of paragraph (6) of Article 69-3 or paragraph (10) of thepreceding Article, 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 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 69-3, 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 in question fall under those that compose the acts set forth in that item,
pertaining to the patentholder or other right holder concerned (limited to a person 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 opinion is sought pursuant to the provisions of thepreceding paragraph. In this case, necessary technical replacement of terms shall beprescribed 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 plant breeder’s right or those set forth in item (iv) of paragraph (1) of
Article 69-2 (Goods the exportation of which is prohibited) (excluding goods pertaining
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 found necessary for the purpose of verification prescribed in paragraph (1) of Article69-3 (Verification procedures pertaining to goods the exportation of which is prohibited),
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 pertaining to goods that may infringe aplant breeder’s right or the opinion of the Minister of Economy, Trade and Industry inthe case of verification procedures pertaining 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 is sought an opinion by the Director General of Customs pursuant
to the provisions of the preceding paragraph, the Minister concerned shall provide theopinion in writing within thirty days from the date on which the opinion is sought.
(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 ofplant breeder’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 exports

goods subject to the verification procedures.
(4) The Director General of Customs, if the opinion prescribed in paragraph (2) isprovided, shall notify that fact and the details of the opinion to a holder of plant
breeder’s right or a person who has the right to seek an injunction against unfair
competition, as the case may be, and to a person who intends to export the goods subject
to the verification procedures, as referred to in the preceding paragraph.
(5) In the case where the Director General of Customs has sought the opinion of the
Minister of Agriculture, Forestry and Fisheries or the Minister of Economy, Trade andIndustry 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 in question do or do not fall under those that infringe a plant breeder’s right or
those set forth in item (iv) of paragraph (1) of Article 69-2, or if the Director General of
Customs has discontinued verification procedures for the goods in question pursuant to
the provisions of paragraph (6) of Article 69-3 or paragraph (10) of Article 69-6 (Deposit,
etc. pertaining to application for export suspension), the Director General of Customs
shall notify the Minister of Agriculture, Forestry and Fisheries or the Minister of
Economy, Trade and Industry, as the case may be, of that fact. In this case, the Ministerconcerned 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 fall under those
set forth in item (iii) of paragraph (1) of Article 69-2 (Goods the exportation of which isprohibited) (excluding goods that infringe a plant breeder’s right), the Director Generalof Customs may, if it is found necessary for the purpose of verification prescribed inparagraph (1) of Article 69-3 (Verification procedures pertaining to goods theexportation of which is prohibited), designate persons with academic background andexperience in intellectual property rights, having no special interests with the parties
involved in the cases pertaining 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 theexportation of which is prohibited)
Article 69-10. If verification procedures have been initiated for goods pertaining to theapplication prescribed in paragraph (1) of Article 69-4 (Procedures for application
pertaining to goods the exportation of which is prohibited, etc.) which was filed by aholder of a patent right, utility model right or design right or by a person who has theright 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 “applicant”), a person who intends to export the goods may, pursuant to theprovisions of Cabinet Order, request the Director General of Customs to discontinue theverification procedures after the day as specified in each of the following items for the
category of cases as set forth respectively therein, provided that the request is madewhile the verification procedures are carried out:(i) in the case where 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 theopinion pertaining to goods the exportation of which is prohibited, etc.): the day on
which twenty days elapse (in cases where 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 69-7 (including thecase where applied mutatis mutandis pursuant to paragraph (10) of Article 69-7; thesame applies in the next item) has been received, the day on which twenty 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 pertaining to seeking the opinion (including
the case where applied mutatis mutandis pursuant to paragraph (10) of Article 69-7; thesame 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 (in cases where 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 69-7 has been received, the day on
which ten days elapse or the day on which ten days elapse from the date of receipt of thenotification prescribed in paragraph (6) of Article 69-7 pertaining to seeking the opinion,
whichever comes later).
(2) If the Director General of Customs has initiated verification procedures for the goods
pertaining to the application of the applicant, the Director General of Customs shallnotify, before the day on which ten days elapse, the date of notification to a person who
intends to export the goods.
(3) The Director General of Customs, if discontinuance of verification procedures hasbeen requested pursuant to the provisions of paragraph (1), shall notify the applicant
who has filed an application pertaining to the verification procedures of that fact andshall order the 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 sufficient to cover the damages that may
be incurred by the applicant 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) shall be prescribed by Cabinet Order.
(6) If, pursuant to the provisions of Cabinet Order, the requester enters into a contract
providing that the amount of money necessary to compensate for damages as provided
for in paragraph (3) shall be paid on the requester’s behalf and notifies the Director
General of Customs of that fact within the time limit specified under that paragraph,then the requester may not deposit the whole or part of the amount of money referred toin that paragraph while the contract remains in effect.
(7) The applicant referred to in paragraph (3) shall have the right, with respect to theapplicant’s 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 shall be 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 set
forth in the following items:(i) where it has been proved to, and confirmed by the Director General of Customs thatthe applicant referred to in paragraph (12) has consented to the recovery of the 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 as provided for in paragraph (3) is no longer necessary;(ii) where the contract referred to in paragraph (6) has been entered into and approvedby the Director General of Customs pursuant to the provisions of Cabinet Order;

(iii) where, 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 actuallyprovided, on the grounds of redemption of the deposited securities or for other grounds;(iv) in addition to the situations set forth in the preceding three items, where theapplicant referred to in paragraph (12) fails to institute, within thirty days from thedate on which the applicant receives the notification prescribed in that paragraph, thejudicial action for claiming for damages as provided for in paragraph (3).
(10) Necessary matters concerning the recovery of the monetary deposit prescribed in
the preceding paragraph shall be prescribed by the Ministry of Justice Order and theMinistry of Finance Order.
(11) The Director General of Customs, if a person who has been ordered to deposit
pursuant to the provisions of paragraph (3) deposits, within the period specified underthat paragraph, the whole amount of money so ordered or notifies the Director Generalof Customs of entering into a contract prescribed in paragraph (6), shall discontinue theverification procedures for the goods which have caused the deposit to be ordered.
(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 intends to export the goods subject to theverification procedures and the applicant who has filed an application pertaining to 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 ofhand-guns; provided, however, that those imported by a person authorized, under otherlaws 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 (20) and paragraph (21) 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 illegally forthe payment of charges or fees or for the withdrawal of depositions and that containelectromagnetic 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 toChild 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, circuit layout design rights or plant
breeder’s rights;(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), (ix) and (x) of the preceding paragraph and intended to be imported or
may order a person who imports the goods to reship them.
(3) If the Director General of Customs has reasonable grounds to believe that goods tobe imported pursuant to the provisions of this Chapter contain goods that may fallunder those set forth in item (vii) or (viii) of paragraph (1), the Director General of
Customs shall notify that fact to a person who imports the goods.

(Verification procedures pertaining to goods the importation of which is prohibited)
Article 69-12. If the Director General of Customs considers that goods to be imported
pursuant to the provisions of this Chapter contain those that may fall under goods set
forth in item (ix) or (x) of paragraph (1) of the preceding Article, the Director General of
Customs shall, pursuant to the provisions of Cabinet Order, initiate procedures forverifying whether the goods fall under those set forth in these items (hereinafter theprocedures identified in this paragraph are referred to as “verification procedures” inthis Subsection). In this case, the Director General of Customs shall, pursuant to theprovisions of Cabinet Order, notify a patentholder or other right holder pertaining to thegoods and a person who imports the goods of the fact that verification procedures are to
be initiated for the goods and that the patentholder or other right holder and theimporter may produce evidence and state their opinions as to whether they fall underthose set forth in item (ix) or (x) of paragraph (1) of the preceding Article and othermatters prescribed by Cabinet Order (“patentholder or other right holder” as used inthis Article means a holder of a patent right, utility model right, design right,
trademark right, copyright, copyright neighboring right, circuit layout design right orplant 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, seeksuspension or prevention of infringement of 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 in that item; hereinafter the same applies in thisSubsection).
(2) In cases where the Director General of Customs issues a notification prescribed in
the preceding paragraph, the Director General of Customs shall also notify apatentholder or other right holder pertaining to the goods in question of the names andaddresses of a person who imports the goods and their consignor and also notify aperson who imports the goods of the name and address of the patentholder or otherright holder concerned.
(3) In cases where the Director General of Customs finds that the name or address of amanufacturer of the goods subject to verification procedures is evident from a written
import declaration and other documents pertaining to importation of these goods,
submitted to the Director General of Customs in accordance with the provisions ofArticle 67 (Export or import permission), from other documents submitted to the
Director General of Customs in the verification procedures or from indications affixed to
the goods, the Director General of Customs shall notify the patentholder or other rightholder pertaining to the goods 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 theverification procedures are carried out.
(4) The Director General of Customs shall not take any of the measures referred to inparagraph (2) of the preceding Article with respect to goods to be imported pursuant to
the provisions of this Chapter unless the goods have undergone verification procedures.
(5) If the Director General of Customs has verified as to whether goods subject toverification procedures (hereinafter in this Article and Article 69-16 (Inspection ofsamples of suspect goods by applicants) referred to as “suspect goods”) do or do not fallunder those set forth in item (ix) or (x) of paragraph (1) of the preceding Article, theDirector General of Customs shall notify the patentholder or other right holder
pertaining to the verified goods and the person who imports the goods of the findings
and the reason therefor; provided, however, that this does not apply to the case where anotification prescribed in the next paragraph is issued.
(6) The Director General of Customs shall, if the situation falls under any of thefollowing items before the notification of verification for suspect goods is issued underthe main clause of the preceding paragraph, notify the patentholder or other rightholder pertaining to the suspect goods of that fact and discontinue 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, etc. for payment of customs duty of a person who
has obtained permission) (including the case 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.
(7) 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
pertaining to the application to any other person without reason, nor shall use suchmatters for any unjust purpose.

(Procedures for application pertaining to goods the importation of which is prohibited)
Article 69-13. A holder of a patent right, utility model right, design right, trademark
right, copyright, copyright neighboring right, plant breeder’s right or a person who has
the right to seek an injunction against unfair competition may, pursuant to theprovisions of Cabinet 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, plant breeder’s right orbusiness interests, and may file with the Director General of Customs an application forverification procedures to be initiated by that or other Director General of Customs ifthey are to be imported in accordance with the provisions of this Chapter (hereinafter inthis Article and in the next Article, the Director General of Customs with whom theapplication 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 forth in item (x) of paragraph (1) of Article 69-11 (Goods theimportation of which is prohibited) (excluding those pertaining to item (x) of paragraph(1) of Article 2 (Definitions) of the Unfair Competition Prevention Act), the opinion withrespect 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 ofthat Act and related to that person be well known among consumers, or in the casewhere the goods are those set forth in item (x) of paragraph (1) of Article 69-11 (limited
to those pertaining to item (x) of paragraph (1) of Article 2 of that Act), the certification
with respect to the fact that the goods in question are those obtained by the acts ofimproper use as provided for in item (x) of paragraph (1) of Article 2 of that Act and thata person who is likely to import the goods was, at the time when they were transferredto that person, aware that they were obtained by these acts and that the person wasgrossly negligent in failing to know that they were so obtained, and shall submit thedetails of the opinion or certification in writing to the Director General of Customs withwhom application is filed.
(2) The Director General of Customs with whom application is filed may not accept theapplication prescribed in the preceding paragraph if the evidence is found to be
insufficient to demonstrate prima facie infringement pertaining to the application.
(3) In the case where the application prescribed in paragraph (1) is filed, if the Director
General of Customs with whom application is filed accepts the application, that fact andthe 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 pertaining tothat application are found among those goods to be imported during the period in
accordance with the provisions of this Chapter) shall be notified to the person who has
filed the application, whereas if the Director General of Customs with whom application
is filed does not accept the application pursuant to the provisions of the preceding
paragraph, that fact and the reason therefor shall be notified to that person.
(4) In the case where the Director General of Customs has accepted the applicationprescribed in paragraph (1) or the application has been accepted by any other Director
General of Customs, if verification procedures has been initiated for goods pertaining to
the application, 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 imports the goods with an opportunity to inspect the goods; provided, however, that

this does not apply to the case where verification procedures has been discontinued
pursuant to the provisions of paragraph (6) of the preceding Article.

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

(Deposit, etc. pertaining to application for import suspension)
Article 69-15. In the case where the Director General of Customs has accepted theapplication prescribed in paragraph (1) of Article 69-13 (Procedures for application
pertaining 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 for ensuring
compensation for damages that a person who imports goods pertaining the application
is likely to incur from being unable to import until completion of the verification
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 provide,
within a specified period, a monetary deposit in an amount deemed to be sufficient tocover the damages with the designated deposit office.
(2) The Director General of Customs may, if the amount of the monetary deposit
provided pursuant to the provisions of the preceding paragraph is found insufficient tocompensate for the damages provided for in that paragraph, order the applicant toprovide, within a specified period, a monetary deposit in an amount deemed to beequivalent 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 with respect to the deposit provided pursuant to the order prescribed inparagraph (1) or (2) shall be prescribed by Cabinet Order.
(5) If, pursuant to the provisions of Cabinet Order, an applicant enters into a contract
which provides 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 notifies the
Director General of Customs of that fact within the time limit specified in paragraph (1)or (2), then the applicant may not deposit the whole or part of the amount of moneyreferred to in paragraph (1) or (2) while the contract remains in effect.
(6) The importer of goods referred to in paragraph (1) shall have the right, with respect
to the 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
the provisions 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 shall be 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 set forth in thefollowing items occurs:(i) if the applicant has received a notification prescribed in the main clause of paragraph(5) 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 item (ix) or (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 (6) 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 forin 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, pursuant to the provisions of Cabinet Order, been approved by the
Director General of Customs;(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 provided for in thepreceding paragraph shall be prescribed by the Ministry of Justice Order and theMinistry of Finance Order.
(10) The Director General of Customs, if a person who has been ordered to deposit
pursuant to the provisions of paragraph (1) or (2) fails to deposit the whole amountwithin the time limit specified pursuant to the provisions of these paragraphs and also
fails to notify the person’s entering into a contract prescribed in paragraph (5), may
discontinue verification procedures for goods which have caused the deposit to beprovided.
(11) The Director General of Customs, if the verification procedures have been
discontinued pursuant to the provisions of the preceding paragraph, shall notify thatfact to a person who has filed an application pertaining to the verification procedures
and a person who imports goods subject to the 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 plant breeder’s right, or a person who
has the right to seek an injunction against unfair competition, whose applicationprescribed in paragraph (1) of Article 69-13 (Procedures for application pertaining togoods the importation of which is prohibited, etc.) has been accepted, may file with the
Director General of Customs an application for approval for inspection of a sample ofsuspect goods subject to the verification procedures, provided that the application for
approval is filed while the verification procedures for the goods are carried out. In thiscase, the Director General of Customs, upon receipt of the application, shall notify aperson who imports the suspect goods of that fact.
(2) The Director General of Customs, if all of the requirements set forth in the following
items are met, shall 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 to the case where
it is evident that goods pertaining 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 isprohibited) (goods that infringe a circuit layout design right are excluded; the same
applies in this paragraph and paragraph (5)) or item (x) of paragraph (1) of that Article,
or otherwise where the Director General of Customs finds that the approval is notnecessary to be given:(i) that inspection of sample is found necessary in order to produce evidence or state theopinion to the Director General of Customs to substantiate that the suspect goods
pertaining to the sample fall under those set forth in item (ix) or (x) of paragraph (1) of
Article 69-11;(ii) that it is found that the interests of a person who imports suspect goods pertaining
to the sample are not likely to be unjustly infringed;(iii) that it is found, in addition to the requirements set forth in the preceding items,
that 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 imports the suspect goods pertaining to the sample.
(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 shall be replaced
respectively with the terms shown in the right columns:

provisions

terms to be replacedterms to replaceparagraph (1) of Article 69-15

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

in cases where the suspect goods
pertaining to the sample have beenverified not to fall under the goods
set forth in item (ix) or (x) ofparagraph (1) of Article 69-11,

a person who has filed theapplication (hereinafter in this
Article referred to as “applicant”

a person who has made application
for approval (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

not give approval referred to inparagraph (2) of the next 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 imports the suspect goods pertaining to the sample may, uponrequest to the Director General of Customs, attend the inspection.
(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 shall be prescribed by Cabinet Order.

(Seeking opinions pertaining 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 pertaining to 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 pertaining to 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 pertaining to these goods (i.e., a person who imports goods subject to theverification 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 shall not be included) elapse from the day on which the patentholder or otherright holder receives the notification prescribed in paragraph (1) of Article 69-12(Verification procedures pertaining to goods the importation of which is prohibited)(hereinafter in this paragraph and paragraph (2) of Article 69-20 (Request fordiscontinuance of verification procedures pertaining to goods the importation of which
is prohibited, etc.) referred to as “the date of notification”) (in paragraphs (1) and (2) ofArticle 69-20, 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 the verification procedures and other circumstances and notifies thepatentholder or other right holder and the importer of his findings, the period may be
extended until the day on which twenty days (public holidays of the administrative
organs shall not be included) elapse from the date of notification (in paragraph (1) of
Article 69-20, the day on which twenty days elapse from the date of notification isreferred to as “the day on which twenty days elapse”)) (“technical scope, etc.” as used inthis paragraph means the technical scope provided for in paragraph (1) of Article 70(Technical scope of patented invention) of the Patent Act (including the case whereapplied 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 (the same applies inparagraph (9) and Article 69-19 (Seeking opinions of technical advisers in verification
procedures pertaining to goods the importation of which is prohibited))).
(2) The Director General of Customs, if a request prescribed in the preceding paragraphhas been made, shall, pursuant to the provisions of Cabinet Order, seek the opinion of
the Minister of Economy, Trade and Industry or the Commissioner of the Patent Office;provided, however, that this does not apply to the case where the Director General of
Customs finds it evident that goods pertaining to the request as prescribed in thatparagraph do or do not fall under those set forth in item (ix) or (x) of paragraph (1) of
Article 69-11 (Goods the importation of which is prohibited) or otherwise where the
Director General of Customs finds it unnecessary to seek the opinion of the Minister or
the Commissioner.
(3) The Director General of Customs shall, in the case where a request prescribed inparagraph (1) has been made, if an opinion of the Minister of Economy, Trade andIndustry or the Commissioner of the Patent Office has not been sought pursuant to theprovisions of the proviso to the preceding paragraph, notify the patentholder or otherright holder or the importer 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 is sought an opinion by the Director General of Customs pursuant to theprovisions of the main clause of paragraph (2), the Minister or Commissioner shallprovide the opinion in writing within thirty days from the day on which the opinion issought.
(5) If the Director General of Customs seeks the opinion of the Minister of Economy,
Trade and Industry or the Commissioner of the Patent Office pursuant to the provisionsof the main clause of paragraph (2), the Director General of Customs shall notify thepatentholder or other right holder and the importer concerned of that fact.
(6) The Director General of Customs shall, if the opinion prescribed in paragraph (4) isprovided, notify the patentholder or other right holder and the importer concerned ofthat fact and the details of the opinion.
(7) If 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, where 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 in question do not fallunder those set forth in item (ix) or (x) of paragraph (1) of Article 69-11, or where aperson who requests the Director General of Customs to seek the opinion referred to inparagraph (1) is an importer, the goods in question fall under those set forth in item (ix)or (x) of paragraph (1) of that Article.
(8) In the case where the Director General of Customs has sought the opinion of the
Minister of Economy, Trade and Industry or the Commissioner of the Patent Officepursuant to the provisions of the main clause of paragraph (2), if, before the opinion
prescribed in paragraph (4) is provided, the Director General of Customs has
determined that, where a person who requests under paragraph (1) is a patentholder orother right holder, the goods in question fall under those set forth in item (ix) or (x) ofparagraph (1) of Article 69-11 or that, where a person who requests under paragraph (1)is an importer, the goods in question do not fall under those set forth in item (ix) or (x) ofparagraph (1) of that Article, or if the Director General of Customs has discontinued
verification procedures with respect to the goods in question pursuant to the provisionsof paragraph (6) of Article 69-12 or paragraph (10) of Article 69-15 (Deposit, etc.
pertaining to application for import suspension), the Director General of Customs shallnotify the Minister or the Commissioner of that fact. In this case, the Minister or theCommissioner 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 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 fallunder 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 in question fall under those that compose the acts
set forth in that item, pertaining 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
shall be prescribed 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 plant 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 pertaining 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 pertaining to goods that may
infringe a plant breeder’s right or the opinion of the Minister of Economy, Trade andIndustry in the case of verification procedures pertaining to goods that may fall underthose set forth in item (x) of paragraph (1) of Article 69-11.
(2) The Minister of Agriculture, Forestry and Fisheries or the Minister of Economy,
Trade and Industry shall, if an opinion is sought by the Director General of Customs
pursuant to the provisions of the preceding paragraph, provide the opinion in writing
within thirty days from the date on which the opinion is sought.
(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 ofplant breeder’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 imports
goods subject to the verification procedures.
(4) The Director General of Customs shall, if the opinion prescribed in paragraph (2) isprovided, notify that fact and the details of the opinion to a holder of plant breeder’sright or a person who has the right to seek an injunction against unfair competition, as
the case may be and to a person who imports goods subject to the verification
procedures, as referred to in the preceding paragraph.
(5) In the case where the Director General of Customs has sought the opinion of the
Minister of Agriculture, 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 in question do or do not fall under those that infringe a plant breeder’s right or
those set forth in item (x) of paragraph (1) of Article 69-11 or if the Director General of
Customs has discontinued verification procedures for the goods pursuant to theprovisions of paragraph (6) of Article 69-12 or paragraph (10) of Article 69-15 (Deposit,
etc. pertaining to application for import suspension), the Director General of Customs
shall notify the Minister of Agriculture, Forestry and Fisheries or the Minister of
Economy, Trade and Industry, as the case may be, of that fact. In this case, the Ministerconcerned 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 plant breeder’sright), the Director General of Customs may, if it is found necessary for the purpose ofverification prescribed in paragraph (1) of Article 69-12 (Verification procedures
pertaining to goods the importation of which is prohibited), designate persons withacademic background and experience in intellectual property rights, having no special
interests with the parties involved in the cases pertaining 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 theimportation of which is prohibited)
Article 69-20. If verification procedures have been initiated for goods pertaining to theapplication prescribed in paragraph (1) of Article 69-13 (Procedures for application
pertaining to goods the importation of which is prohibited, etc.) which was filed by aholder of patent right, utility model right, design right or a person who has the right toseek an injunction against unfair competition and has been accepted (hereinafter in this
Article a right holder whose application has been accepted is referred to as “applicant”),
a person who intends to import the goods may, pursuant to the provisions of Cabinet

Order, 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
the verification procedures, provided that the request is made while the verification
procedures are carried out:(i) in the case where 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 theopinion pertaining to goods the importation of which is prohibited, etc.): the day on
which twenty days elapse (in cases where 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 (including thecase where applied mutatis mutandis pursuant to paragraph (10) of Article 69-17; thesame applies in the next item) has been received, the day on which twenty days elapse
or the day on which ten days elapse from the date of receipt of the notificationprescribed in paragraph (6) of Article 69-17, pertaining to seeking the opinion (including
the case where applied mutatis mutandis pursuant to paragraph (10) of Article 69-17;
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 (in cases where 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 dayon which ten days elapse or the day on which ten days elapse from the date of receipt of
the notification prescribed in paragraph (6) of Article 69-17, pertaining to seeking theopinion, whichever comes later).
(2) If the Director General of Customs has initiated verification procedures for the goods
pertaining to the application of the applicant, the Director General of Customs shall,
before the day on which ten days elapse, notify a person who imports the goods of thedate of notification.
(3) The Director General of Customs shall, if discontinuance of verification procedures
has been requested pursuant to the provisions of paragraph (1), notify that fact to theapplicant who has filed an application pertaining to the verification procedures andorder 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 applicant from importation of the goods subject to theverification 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) shall be prescribed by Cabinet Order.
(6) If, pursuant to the provisions of Cabinet Order, the requester enters into a contract
which provides that the amount of money necessary to compensate for damages asprovided for in paragraph (3) shall be paid on the requester’s behalf and notifies the
Director General of Customs of entering into a contract within the period specified
under that paragraph, then the requester may not deposit wholly or partly the amountof money referred to in that paragraph while the contract remains in effect.
(7) The applicant referred to in paragraph (3) shall have the right, with respect to theright to claim for compensation for damages against the requester as provided for inthat paragraph, to be paid in advance of any other creditors, from the monetary deposit
provided pursuant to the provisions of that paragraph (the deposit includes securitiesprescribed 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 shall be prescribed by Cabinet Order.
(9) The requester who has provided the monetary deposit pursuant to the provisions ofparagraph (3) may recover the monetary deposit if the situation falls under any of thecases as set forth in the following items:(i) where it has been proved to, and confirmed by the Director General of Customs thatthe applicant referred to in paragraph (12) has consented to the recovery of monetarydeposit, 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 provided for in paragraph (3) is no longer necessary;(ii) where the contract referred to in paragraph (6) has been entered into and, pursuant
to the provisions of Cabinet Order, approved by the Director General of Customs;(iii) where, 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 actuallyprovided, on the grounds redemption of the deposited securities or for other reason;(iv) where, in addition to the situations set forth in the preceding three items, theapplicant referred to in paragraph (12) fails to institute, within thirty days from thedate on which the applicant receives the notification prescribed in that paragraph, any
judicial action for claiming for damages as provided for in paragraph (3).
(10) Necessary matters concerning the recovery of monetary deposit as prescribed in thepreceding paragraph shall be prescribed by the Ministry of Justice Order and theMinistry of Finance Order.
(11) The Director General of Customs, if a person who has been ordered to deposit
pursuant to the provisions of paragraph (3) deposits, within the period specified underthat paragraph, the whole amount of money so ordered or notifies the Director Generalof Customs of entering into a contract prescribed in paragraph (6), shall 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 imports goods subject to the verification
procedures and the applicant who has made an application pertaining to the verification
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 where application for export suspension is filed), Article 69-9 (Seeking opinionsof technical advisers in verification procedures pertaining to goods the exportation ofwhich is prohibited), Article 69-14 (Seeking opinions of technical advisers whereapplication for import suspension is filed) and Article 69-19 (Seeking opinions oftechnical advisers in verification procedures pertaining to goods the importation ofwhich is prohibited), shall not divulge any secrets that they have learned with respect tothe cases for which their opinions are sought. The same applies after their resignation.
(2) Necessary matters concerning technical advisers, including designation to technicaladvisers, shall be prescribed by Cabinet Order.