1. Introduction
From October 1, 2022, regulations on the influx of counterfeit goods from overseas have been tightened. So, overseas vendors bringing counterfeit goods into Japan commercially via postal mail, etc. has been newly specified as an infringement of trademark rights.

2. Background
If intermediary companies in Japan import counterfeit goods, such acts constitute the trademark infringement even before the revision of the Trademark Law, and Customs can seize the counterfeit goods.

However, the recent situations, such as development of e-commerce, lower charges of international cargo, have made it easier for overseas vendors to directly provide an individual with a small amount of counterfeit goods via postal mail, etc. In these cases, importation by an individual in Japan did not constitute the trademark infringement before the revision of the Trademark Law. This was because “private” importation did not meet the requirement of “as its business” in the Article 2(1)(i) of the Trademark Law and it was not clear whether such acts of overseas vendors met the requirement of “importation” in Article 2(3)(ii).

3. Revision of the Trademark Law
In the circumstances, the following paragraph has been newly added to the Trademark Law.

Article 2 (7)
In this Law, “importation” includes acts that a person in a foreign country cause another person to bring goods, etc. into Japan via postal mail, etc.

After this revision, the following products have become subject to seizure by Customs:
- counterfeit goods sent by overseas vendors via postal mail, etc. even though intended for private use; and
- products purchased through overseas vendors and suspected as an infringement of trademark rights.

Please note that if an intent of conducting business is proven, importers are subject to criminal penalties (imprisonment for up to ten years, a fine of up to ten million yen, or combination of both.); however, an individual who does not business is still not subject to the penalties even after the revision.

Source: The Act on the Partial Revision of the Patent Act and Other Acts (Act No. 42 of May 21, 2021)