Japan - Counterfeiting & Trademark Infringement Report, 2018

Japan - Counterfeiting & Trademark Infringement Report, 2018

Report Description

The problem of counterfeiting is not new, but because of new technologies and easy accessibility of the internet this issue is increasing in scope and magnitude. Many brand owners are facing the repercussions due to these activities.  Japan-Counterfeiting and Trademark Infringement Report, 2018 has focused on the issue of online and offline counterfeiting in this time and age of the internet. The report has analysed various laws that are associated with trademark infringement.

The advancement in technologies have increased the sales of counterfeit goods across the globe. This is impacting the economic growth of the brands and harming their good will in the market. The methods and tools which are used by counterfeiters are becoming very sophisticated and varied with every passing moment. With the innovation in 3D technologies, this menace is scaling like never before. The emergence of e-commerce platforms is also one of the chief reasons for the constant growth in the counterfeiting.

The report has addressed this issue by providing various data sets that shows the growth in trademark infringements of luxury brands. It also mentions the legal recluse provided under the laws in Japan that can be used by the brand owners for protecting and safeguarding their trademarks. The law has provided various civil as well as criminal enforcements that can applied in case of trademark infringement.

The report has also established that merely law is not sufficient for the protection because technologies keep on evolving and the legal frameworks become obsolete without any upgradations. That is why is necessary to have use technology and law both to curb this issue. Cross industry collaboration is very important to solve this issue in a holistic manner.

Custom and border authorities play a huge role while dealing with counterfeit goods. The report has specified that Japanese law offers the various rights to the brand owners. They can request the customs to suspend the entry of counterfeit goods to enter Japan. These provisions are elucidated in detail in the report.

The report has provided various social, legal, technological and economical recommendations that are very useful for the brands so as to keep their trademark secure, and also to catch hold the offenders who sell counterfeit products.

Even though counterfeiting can not be curbed in a single go, but being pro active is necessary. Brand owners should try and mitigate the risks that are existing so as to secure themselves from any violation. The report presents a holistic view of current state of Counterfeiting in Japan.

Losses incurred in 2017 due to Counterfeiting amounts to $1.2 Trillion

Table of

Contents

Table of Contents

  1. Executive Summary
  2. Scope and Approach
    1. Background – The Era of Flat world & Connected World
    2. Definitions & Terminologies
  3. Japan Counterfeiting Perception Index
  4. The Market Size of Counterfeit Goods in Japan
    1. By Value
    2. By Industry
  5. Sales Medium of Counterfeit Goods in Japan
    1. Markets 
    2. Online Medium
      1. E-Commerce
      2. Social Media
  6. International Agreements on Intellectual Property Rights
    1. Trade Related Aspects of Intellectual Property Rights, (TRIPS)
    2. Anti-Counterfeiting Trade Agreement
  7. Analysis - Secondary Liabilities
    1. Auction Sites
    2. Internet service providers
  8. Legal Analysis - Japan
    1. Trademark Act, 1959
    2. Unfair Competition Prevention Act, 1993
    3. the Customs Act, 1954
    4.  the Penal Code, 1907
    5. the Civil Code, 1896
    6. the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Senders’ Identification Information Act.2001
  9. Issues Analysed
    1. Trademark Law
    2. Custom & Border measures
    3. Criminal Liabilities & Penalties
    4. Civil Enforcements
    5. Online Counterfeiting
    6. Anti-Counterfeiting
  10. Recommendations for Anti- Counterfeiting in Japan

List of

Graphs

List of Graphs

  1. Economic Value of Losses Suffered due to Counterfeiting (USD Billion), 2001-2020
  2. Economic Value of Losses due to Counterfeiting in Selected Sectors (USD Billion), 2002-2020
  3. Shares of seizures by IP-infringing category (Percentage), 2017
  4. Number of Internet Users Globally (Millions), 2005-2017
  5. Growth in Estimated Value of Counterfeited Goods (Billion USD), 2008-2017
  6. Global Merchandise exports and Imports (USD Trillion), 1960-2017
  7. Value of Seized Goods by Reporting Economy (USD Million), 2017
  8. Average Percentage Share of global physical counterfeiting(Percentage), 2011-2017
  9. Total Annualized Outsourcing Contract Value and its Growth From (USD million), 2013-2017
  10. Share of Companies that Outsource by Sector(Percentage), 2017
  11. Distribution of the Countries as per Income Level (Percentage), 2017
  12. Share of endorsed celebrity follower’s in Countries as per the Region (Percentage), 2017
  13. Distribution of Targeted Audience by Income Level(Percentage), 2017
  14. Average Age of Luxury Brand User by Region (Year), 2017
  15. Average Age of Luxury Brand User by Income Group (Year), 2017
  16. Budget to reach potential customer of Luxury Brands on Social Media (per Day in USD), 2017
  17. Market Size of Global E-commerce Business(USD Billion), 2012-2017
  18. Most Frequent Brand Name Used in online Counterfeiting(Percentage), 2017
  19. Top five countries involved in online sales of counterfeit items (Percentage), 2017
  20. Share of Authenticated and Illicit Post on Social Media (Percentage), 2017
  21. Share in Mode of Communication on Social Media Counterfeiting (Percentage), 2017
  22. Distribution of Leading Uses of 3D Printing(Percentage), 2015- 2017
  23. Number of 3D Printer Shipment (Million), 2013-2017
  24. Route Map of Source and Destination of Counterfeit Clothes and Textile, 2017
  25. Route Map of Source and Destination of Counterfeit Footwear, 2017
  26. Route Map of Source and Destination of Counterfeit Cosmetics and Perfumes, 2017
  27. Route Map of Source and Destination of Counterfeit Leather Articles and Handbags, 2017
  28. Heat Map of Source, Destination and Transit points of trade in illicit goods, 2017
  29. Number of Trademark Application and Registration in Japan (Thousand), 2007-2017
  30. Blueprint of TAG Heuer Mikrograph Caliber 560, 2017
  31. Global Market Share of Logistic Services (Percentage), 2017
  32. Evolution of the global personal goods luxury( Billion Euro), 2012-2017
  33. Penetration of Countries in online luxury sales globally (Percentage), 2017

Country Analysed

Japan

A Complete Analysis of Japan's Law

Laws

Analysed

International, National and Regional Laws

International Agreement-

  1. Trade Related Aspects of Intellectual Property Rights, (TRIPS), 1995
  2. Anti-Counterfeiting Trade Agreement, 2012
  3. EU E-commerce Directive, 2000
  4. EU Customs Regulation, 2007

Japan-

  1. Trademark Act, 1959
  2. Unfair Competition Prevention Act, 1993
  3. the Customs Act, 1954
  4.  the Penal Code, 1907
  5. the Civil Code, 1896
  6. the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Senders’ Identification Information Act.2001
International, National and Regional Laws

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