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.
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