Tomio HAYASHI, Patent Attorney in Japan
Organization:
Japan Customs
Experience:
Claim Procedure to Japanese Patent office at NGB corporation
Academic degree:
M.A. of Business Law
B.A. of Engineering
81.50.3488.4696 fax
Level 4, Nagoya Nikko Shoken Building
3-2-3 sakae Naka-ku, Nagoya
Aichi 460-0008, Japan
81.52.269.8133 voice
Our patent firm guides clients through Customs and Intellectual Property Law, and specializes in protecting Intellectual Property owners or importers at Japan Customs.
Representing intellectual property owners at Japan Customs for enforcement;
Representing importers at Japan Customs for protecting against enforcement;
Representing intellectual property owners at Japanese Patent Office for claiming their rights of Patent, design and trademark; and
Representing importers at Japanese Patent Office for objecting to owner's rights.
1. Subjects of Intellectual Property protected
Patents, Trademarks, Copyrights, Designs and Imitation
2. System of enforcement
We have two steps of border enforcement, one step is a submission to application to Customs, the other step is an identification of imports at Customs.
The submission step is to apply an evidence, in which if a target good is imported, it makes an infringement, to Customs by Intellectual property right holder.
The identification step is to judge whether the imports infringe or not.
First, the application by submitted by right holder is opened on website for having an opinion from potential importers.
Next, the application is checked out by specialists of Intellectual Property.
Finally, the application is Accepted and published.
Requirements of acceptance are as follows:
The applicant is right holder;
The rights are valid;
The rights are infringed;
The infringement is proved; and
The imports infringed are distinguished from genuin goods.
First, a notification for identification is send to both the right holder and the importer, they are provided to opportunity to argue about the imports suspected.
Next, they can submit their arguments by examining the imports to Customs, their arguments are inspected by Customs.
Finally, a notification for conclusion is send both the two.
Moreover, the importers are provided to ask release of the imports for Customs by making deposit.
New Patent applications and official actions are available services, we have rich business experience in the field of electronics from many foreign clients in U.S., EP, Oceania and Asian countries under NGB corporation over fifteen years.
| | JP | US | EP |
| Judge | Customs | ITC | Court |
| Execution | Customs | Customs | Customs |
There are two organs in U.S. and EP, one is for judge, the other is for execution.
In Japan, judge and execution are together with Customs.
Japanese system of border enforcement is centralized in Customs.
Japan Customs handles All rights.