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Japan’s Perspective on Combating Counterfeiting and Piracy

Explore Japan's perspective on combating counterfeiting and piracy, identifying the serious social and safety threats posed by fake products. Discover the legislative, administrative, and international measures implemented by Japan to address this issue.

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Japan’s Perspective on Combating Counterfeiting and Piracy

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  1. Third Global Congress onCombating Counterfeiting and Piracy January 30, 2007 Japan’s Perspective on Combating Counterfeiting and Piracy Hisamitsu Arai IP Analyst (Former Secretary General of IP Strategy Headquarters)

  2. Fakes are a Serious Social Problem Industrial Society • Environmental Measures Knowledge Society • Anti-Counterfeit Measures

  3. Threat to Safety MILK Fake Drugs Fake Foods Fake Batteries Fake Parts Serious Threat to Safety and Human Health

  4. World Counterfeit Trafficking Route Origin of Counterfeits Direct Route Indirect Route Source: “Customs’ Battle Against Counterfeiting and Piracy to Protect Intellectual Property”European Commission http://trade-info.cec.eu.int/doclib/docs/2005/march/tradoc_112031.pdf

  5. 1. Border Measures - Measures Taken by GOJ - a. Legislative Measures • Law Revisions to Strengthen Customs Function • Prohibition of Export • Sample Inspection • Exporter / Importer Information Disclosure b. Administrative Measures • Strengthen Control of De-minimis Imports • Strengthen Inspection of EMS parcels

  6. 2. Domestic Measures - Measures Taken by GOJ - a. Legislative Measures • Toughen Criminal Penalty for IP Infringement b. Administrative Measures • Increase Law Enforcement Officials for IPR Infringement Cases • Self-Imposed Guidelines of Internet Auction Providers

  7. 3. International Measures - Measures Taken by GOJ - a. Legislative Measures • “Draft Treaty on Non-Proliferation of Counterfeits and Pirated Goods” b. Administrative Measures • Officials in Charge of IP in All Embassies • Investigation System on IP Practice by Foreign Countries • Capacity Building Strategy

  8. Chronology of New Treaty Proposal Gleneagles G8 Summit (July 2005) Japan Proposed the Necessity of New Treaty Bilateral and Plurilateral Talks in Progress St. Petersburg G8 Summit (July 2006) Necessity of Study on New Legal Framework Recognized Heiligendamm G8 Summit (June 2007)

  9. Necessity of New Treaty • No Single Country Can Prevent Counterfeit and Piracy • Ensure Effective Counter Measures Against Spread Out of Fakes • Strong Legal Framework Needed

  10. Basic Concept of New Treaty • Manufacturing Stage • Forfeiture or Destruction of Manufacturing Equipments etc. • Distribution Stage • Prohibition of exportation and transshipment • Consumption Stage • Consumer Education and Awareness Raising

  11. Coordinated actions are necessaryThank You!

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