Legislation to prohibit the importation of counterfeits “for personal use”

Published:
The importation of counterfeit goods for "personal use" will be restricted by the end of 2022 thanks to the revision of the Trademark Law. However, it will be necessary to keep a close eye on the Customs Act and related notifications, which will be reviewed in light of the revised Trademark Law, to see what kind of changes can be made and whether effective results can be obtained.

Recommendations

  • In order not to render the new regulations invalid, necessary provisions should be made to anticipate the excuses that sellers of counterfeit goods may come up with, such as that the goods are a gift from a friend abroad, and to place the legal presumption and burden of proof on the importer.
  • Measures should be implemented to provide relief to consumers who have purchased counterfeit goods without knowing it.
  • Consumers should be made aware that they will no longer be able to purchase or import counterfeit goods.
  • Measures should be taken against sites selling counterfeit goods, fraudulent sites, and spoofed sites on overseas servers, such as removing the sites from search engines.