Ministry of Economy, Trade and Industry
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IPR Q&A

We had a sales decline resulting from counterfeits and plan to file a claim for damages to recover the amount of potential revenue that we lost. Will we be able to receive the amount?

We sell products in Japan and another country under the same trademark which we own in Japan and that country. Our products are sold at a lower price in the other country than in Japan. A certain importer imports our products from the other country to Japan and sells them in Japan. Do the acts by the importer constitute trademark infringement?

We sell products in Japan and another country and own the patent rights used for the products. Certain of our products sold in the other country are imported into and sold in Japan by an importer. Does the sale by the importer constitute patent infringement?

Counterfeits of our products are manufactured by a third party using substantially the same technology covered by our patent rights. The technology they use is not entirely the same, but the difference only concerns minor aspects of the technology. Will we be able to seek an injunction for the sale of their counterfeits on the grounds of our patent rights?

There are counterfeits of our patented products which are being sold in Japan. The counterfeits are assembled in Japan after being imported as parts and not as finished products. These parts cannot be used for any purpose other than for the manufacturing of our products. Is it possible to have the importation terminated on the grounds of patent infringement?

We gave a warning to cease the manufacture and sale of counterfeits of our patented products. However, the other party responded that it had independently developed and manufactured products which are similar to our products before our company filed the patent application, and it is entitled to manufacture and sell the products even though it does not have any patent rights. Will that be permitted even though our company owns the patent rights?

We found a third party utilizing a cartoon character, for which the rights are held by our company, in one of its products without our authorization. What are the possible measures we can take?

We think products made by our competitor(s) have been infringing our patent rights, but we would like to avoid any costly lawsuits. However, the infringing party alleges no infringement and our discussion does not go anywhere. What is the best solution?

Slavish imitations of our company's products, manufactured and sold in Japan, are being sold in the market. What measures can we take to stop it?

In taking countermeasures against counterfeits and pirated goods, what are the required procedures to assert our own rights?

Is there any organization that has a consulting service office or a website that provides information in case we become aware of counterfeits or pirated products of our products?

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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