E-Commerce and IP Enforcement Strategies in ASEAN Summit 2025
Explore the discussions on e-commerce and IP enforcement strategies at the ASEAN IPA SIEM REAP 2025 Session 2, featuring panelists Dan Dougherty, David Haskel, Eddie Wu, Tomoya Kurokawa, and facilitated by Soh Kar Liang. Analyze insights on small volumes, IPR border enforcement by Taiwan and Japan Customs, average articles/values per case, and recent law amendments affecting counterfeit goods importation into Japan.
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Presentation Transcript
ASEAN IPA SIEM REAP 2025 SESSION 2: E-COMMERCE AND IP ENFORCEMENT STRATEGIES DAN DOUGHERTY, DAVID HASKEL, EDDIE WU, TOMOYA KUROKAWA (PANELISTS) SOH KAR LIANG (FACILITATOR)
IPR BORDER ENFORCEMENT OF TAIWAN CUSTOMS Number of Seizures 436 326 315.177 232 87.579 51.853 2022 2023 2024 Number of articles(*1,000) Number of cases
AVERAGE ARTICLES/VALUES PER CASE Average values per case (*k USD) Average articles per case 800 70 64.4 722 700 60 57.3 600 50 500 40 400 30 300 23.7 268 223 20 200 10 100 0 0 2022 2023 2024 Average values per case (*k USD) Average articles per case
IPR Border Enforcement of Japan Customs ~Statistics on 2023~ *The above is taken from the Japan Customs website. 5 SOEI PATENT & LAW FIRM 5
IPR Border Enforcement of Japan Customs ~Statistics on 2023~ *The above is taken from the Japan Customs website. 6 SOEI PATENT & LAW FIRM 6
IPR Border Enforcement of Japan Customs ~Statistics on 2023~ *The above is taken from the Japan Customs website. 7 SOEI PATENT & LAW FIRM 7
IPR Border Enforcement of Japan Customs ~Law amendments on 2022~ Before September 30, 2022 There had been a sharp increase in cases where overseas vendors sell and send small amounts of counterfeit goods directly to individuals in Japan via postal mail, etc. In such cases, if the importer claims during customs procedures that the goods are for private use, it had been difficult to confiscate them. On or after October 1, 2022 The bringing of counterfeit goods by overseas vendors into Japan commercially via postal mail, etc. is specified as an infringement of trademark rights. It prevents the inflow of counterfeit goods, including for private use, into Japan during the customs procedure. 8 SOEI PATENT & LAW FIRM 8
IPR Border Enforcement of Japan Customs ~Law amendments on 2022~ *The diagram above is taken from the JPO website. 9 SOEI PATENT & LAW FIRM 9
Responsibility of Internet Shopping Mall Operator ~Japanese IP High Court decision on February 14, 2012~ Overview of the Case Plaintiff Perfetti Van Melle Defendant Rakuten Trademark Infringement Registered mark: Internet shopping mall Shop A Shop B Goods: Headwear, bags, etc. 11 SOEI PATENT & LAW FIRM 11
Responsibility of Internet Shopping Mall Operator ~Japanese IP High Court decision on February 14, 2012~ Court Decision The Internet shopping mall operator is deemed to infringe a trademark right if the Internet shopping mall operator: (1) provides the operating system, approves or rejects applications from store owners, and manages and controls the suspension of services to store owners, (2) receives benefits from store owners, such as basic store opening fees and system usage fees, (3) becomes aware of or has reasonable grounds to believe that a store owner has infringed a trademark right, and (4) fails to remove the infringing content from the web page within a reasonable period of time. 12 SOEI PATENT & LAW FIRM 12
Responsibility of Internet Shopping Mall Operator ~Japanese IP High Court decision on February 14, 2012~ Court Decision -cont d- The defendant, Rakuten, removed the infringing content from the web page within a reasonable period of 8 days after it became aware of it. Therefore, it cannot be said that the defendant s operation of the Internet shopping mall infringed the plaintiff s trademark right. 13 SOEI PATENT & LAW FIRM 13
Unfair Competition Law Updates in Japan Virtual Imitation Infringement On or after April 1, 2024 Imitation of a configuration of another person s goods is considered as unfair competition even in the digital space, and injunctive relief and claims for damages can be exercised. Genuine goods Counterfeit goods Digital space Real space Unfair competition Genuine goods Counterfeit goods 15 SOEI PATENT & LAW FIRM
