Japanese Customs — Provisional Disposition (Injunction)

In addition to representing clients in procedures relating to Japanese patents, trademarks and the like, a Japanese patent attorney is authorized to act as a representative for provisional dispositions (injunctions) to suspend imports at Japanese customs on the grounds of intellectual property infringement.

Going forward, we would like to share articles related to this topic.

Relevant provisions of the Japanese Patent Attorney Act

Article 4 sets out the scope of a patent attorney's work, and Article 4(2)(i) provides for representation in: the procedures before the Director-General of Customs regarding the identification procedures prescribed in the Customs Act; and the procedures before the Director-General of Customs and the Minister of Finance carried out by a person who has filed an application under the provisions of the same Act, or by a person who intends to export or import the goods to which such application relates.

In other words, a Japanese patent attorney has the authority to represent clients in the filing and lifting of provisional dispositions against intellectual-property-infringing goods at Japanese customs.

This is an area that Korean patent attorneys cannot handle.

For reference, among products exported from Korea to Japan, many are subject to provisional dispositions on the grounds of infringement related to designs.

We intend to provide guidance on the related data and procedures at a later date.

The filing and lifting of provisional dispositions concerning intellectual property infringement at Japanese customs is the work of a Japanese patent attorney.

[Source] Japanese Customs — Provisional Disposition (Injunction) | Author: Japanese Patent Attorney Jeong Won-gi