* Losses arising from the Internet represent those caused by counterfeits sold and traded through shopping or auction websites on the Internet.

n recent years, counterfeits and pirated products have been becoming so complex and widespread on a global basis that people tend to sustain more serious damage from them. They also cause damage in a wide range of fields from industry to medicine, in which fake, hazardous medicines that harm humans are sold, for example, as well as contributing to financing organized crime groups.

Based on this background, the JPO has been supporting Japanese companies overseas, cooperating in domestic enforcement activities, and raising consumer awareness and understanding about counterfeiting, in coordination with relevant ministries, governments of other countries, and international organizations.

Through this survey, the JPO collects and analyzes data on the actual state of Japanese companies  suffering losses from counterfeiting both in Japan and abroad. This survey has been conducted every fiscal year since FY 1996 to utilize the data for policymaking to combat counterfeits and pirated products and to supply data useful for developing anti-counterfeiting and piracy measures by companies as well as for raising consumer awareness and understanding about counterfeiting.

The counterfeit loss rate for FY 2012 was 23.4%, up 1.5% from the previous fiscal year (the percentage of companies suffering from counterfeiting losses among the total valid responses).

The breakdown of losses by rights category indicated no significant year-to-year change, with trademarks accounting for 57.8%, followed by designs (38.0%), patents and utility models (33.3%), and copyrighted works (16.8%).

Looking at the figures by country, 64.4% of the companies that reported losses from counterfeiting answered that they have suffered losses in China, followed by 22.8% in the Korea, which indicates that the number of the damaged companies has been still high. Following these figures, 19.1% of the companies answered that they have suffered from counterfeits in six ASEAN economies (Indonesia, Thailand, Malaysia, Singapore, Vietnam, and the Philippines).

Losses attributed to counterfeiting via the Internet were experienced by 53.9% of the companies that reported losses from counterfeiting, indicating continued growth since FY 2006.

The percentage of companies implementing anti-counterfeiting measures was 51.3%, up 0.4% from the previous fiscal year. Anti-counterfeiting measures implemented in Asia, especially in China, were given priority, with companies tending to enhance their efforts in the region.

1) Subject of the survey

The survey covered the top 8,071 companies and institutions that had filed the highest number of patent registrations, utility model registrations, design registrations, and trademark registrations out of the total number of applications filed in Japan over the past five years (FY 2007-2011).

2) Methodology

The survey was conducted by sending the “Survey on Counterfeit Losses” to companies and institutions and collecting their responses about the losses they suffered from counterfeiting both in and outside Japan, and the current status of their anti-counterfeiting activities, during FY 2011 (from April 1, 2011, to March 31, 2012).

3) Period

August 24, 2012, to October 22, 2012

4) Response

A total of 4,342 companies responded, with 4,324 of these regarded as valid responses. The valid response rate was 53.6% (4,324 companies among 8,071 companies).

The results of the survey have been uploaded to the JPO’s website. Reports for previous years are also available on the JPO’s website:
http://www.jpo.go.jp/torikumi/mohouhin/mohouhin2/jittai/jittai.htm (in Japanese)

Appendix: Survey Report on Losses Caused by Counterfeiting (Fiscal Year 2012) - Summary of Survey Results Analysis
http://www.meti.go.jp/press/2012/03/20130314002/20130314002-2.pdf (PDF:180KB) (in Japanese)

March 14, 2013

International Affairs Division, General Affairs Department, Japan Patent Office