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In Case Your IPR is Infringed -Remedies

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Actions and remedies for damages due to counterfeits or pirated goods

If a third party is likely infringing your company's intellectual property right, you will need to determine a general policy on how to act as the right holder. In such a case, you will have to decide on the necessary actions to take, taking into account various factors, including the time and expenses required for the actions and remedy procedures, the consequences of not taking the action, the type, scope and strength and weakness of the intellectual property right in question, and the intimidation impact of the procedures taken.

In general, such actions include (1) engaging in negotiation with the other party, (2) resorting to alternate dispute resolution (non-court resolution), (3) engaging in court procedures, (4) requesting investigative authorities to proceed with criminal prosecution, and (5) requesting suspension at customs. These actions are not exclusive of each other, and more than one action may be pursued simultaneously.

Do you have IPR?
You have any of following: patent rights, utility model rights, design rights, trademark rights or integrated. circuit layout-designs rights.

Yes

 

No

 

Not sure

   
 

Review remedies on the basis of Violation of the Unfair Competition Prevention Law

 
   

Review remedies on the basis of each IPR

   
   
 
 
 
 
 

Division in Charge

Office for Intellectual Property Right Infringement and International Trade, Manufacturing Industries Bureau
Tel: +81-3-3501-1701
Fax: +81-3-3501-6588

 
Ministry of Economy, Trade and Industry
1-3-1 Kasumigaseki, Chiyoda-ku, Tokyo 100-8901, Japan Tel: +81-(0)3-3501-1511
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